Case law

Canon v. State

59 Tex. Crim. 398 · Court of Criminal Appeals of Texas · Mar 23, 1910

This is a shorthand rendering of the facts which, under the authorities, is clearly admissible. 7. … This testimony was clearly admissible under this statement of the court.

Williams v. State

45 Tex. Crim. 218 · Court of Criminal Appeals of Texas · Jun 17, 1903

This clearly would be a waiver of any character of citation. Kor is it any valid objection to the venire because the same was selected entirely from the city of Houston. … This fact was abundantly established by other witnesses, and would be merely cumulative.

Garza v. State

771 S.W.2d 549 · Court of Criminal Appeals of Texas · May 17, 1989

Clearly, Ragsdale did not stop appellant for purposes of determining if he had a driver’s license. … Clearly, the Court of Appeals’ holding with respect to Article 38.23, supra, is contrary to the well established law of this State. 2 .

Groce v. State

126 Tex. Crim. 10 · Court of Criminal Appeals of Texas · Mar 28, 1934

This is clearly in the face of the statute denying to a girl under eighteen years of age the legal power to give such consent. … The bill of exceptions, presenting the supposed error of its refusal, is qualified by the trial court, who says no diligence was shown.

State v. Cuong Phu Le

463 S.W.3d 872 · Court of Criminal Appeals of Texas · Apr 29, 2015

Indepéndent Information Clearly Established Probable Cause We recently held in McClintock v. … Under a proper totality of the circumstances analysis, the lawfully obtained information contained in the search warrant in this case clearly established probable cause to search.

Stone v. State

48 Tex. Crim. 114 · Court of Criminal Appeals of Texas · Apr 12, 1905

To show that the Legislature so construed and did not intend to violate said constitutional provision, it clearly, in the light of the evidence in this case showing that only allopaths can become members of said ‘Board of … Suppose a law student thoroughly qualified to practice law, makes application to the board appointed by the Courts of Civil Appeal, and said board refuses applicant a license.

Butterfield v. State

992 S.W.2d 448 · Court of Criminal Appeals of Texas · Apr 21, 1999

The Supreme Court has clearly stated that the Fifth Amendment provides no protection for the commission of perjury [21] and confers no privilege to lie. [22] The reason is that perjured testimony is an affront to the basic … This is counter to the well-established legal presumptions that sworn testimony is presumed to be true and that an accused is innocent until proven guilty.

Ex Parte Port

674 S.W.2d 772 · Court of Criminal Appeals of Texas · Jul 25, 1984

To their refusal the State responded with a motion to compel *775 testimony and to grant use immunity. … The balance of the order provided use immunity. 2 .

Messenger v. State

81 Tex. Crim. 465 · Court of Criminal Appeals of Texas · Jun 13, 1917

The court in qualifying the bill states: “It was offered by State to read information and defense objected, whereupon court ordered trial to proceed without reading of information,” and the trial did then proceed. … The syllabus on the point in that case clearly expresses what was decided therein.

Rodgers, Warren Keith

Court of Criminal Appeals of Texas · May 3, 2006

In the present case, the State established, on direct examination, that Mr. Jumper is a latent print examiner for the Dallas County Southwestern Institute of Forensic Sciences (SWIFS). … Jumper was qualified by knowledge, skill, training, or education under Rule 702.

Perez v. State

11 S.W.3d 218 · Court of Criminal Appeals of Texas · Feb 9, 2000

Although Article XVI § 2 is a constitutional provision, that provision does not establish a constitutional prohibition against jury service; instead, the provision requires merely that the Legislature establish a statutory … . [8] There is nothing in this type of error which should be immune to harmless error analysis.

State v. Bailey

201 S.W.3d 739 · Court of Criminal Appeals of Texas · Sep 20, 2006

In addition, we have established that it is improper for an appellate court to reverse a case on a theory not raised at trial or on appeal. Hailey v. State, 87 S.W.3d at 118 ; Gerron v. … as securities under the Texas Securities Act is clearly separate from whether the trial judge in this case, in response to the agreement of the parties, erred in deciding that the CDs in question were securities as a matter

Frausto v. State

642 S.W.2d 506 · Court of Criminal Appeals of Texas · Dec 15, 1982

C.P.], and to qualify it on the full range of punishment. … As noted in footnote 5, an extraneous offense, a burglary, was admitted in evidence to establish appellant’s identity as the burglar in this case.

Santibanez v. State

717 S.W.2d 326 · Court of Criminal Appeals of Texas · May 14, 1986

The record clearly reflects that the first announcement of readiness by the State on the reindictment did not occur until October 9, 1981, which was 168 days after the appellant’s arrest. … permanent and substitute secretarial personnel; she had an insufficient number of qualified investigators; she had an insufficient number of qualified assistant district attorneys.

Owens, Charles Ray Jr. v. State

473 S.W.3d 812 · Court of Criminal Appeals of Texas · Oct 28, 2015

expert testimony to establish competency. … to establish competency under the criteria set forth in the competency statute.

Arnold v. State

74 Tex. Crim. 269 · Court of Criminal Appeals of Texas · May 20, 1914

By said rules it is clearly established that appellant’s objections in the bill are not statements of facts and that the judge signing the bill does not certify that such objections are statement of facts, but his signature … The evidence was clearly and amply sufficient to sustain the conviction. [Rehearing denied July 17, 1914.—Reporter.]

Mares v. State

71 Tex. Crim. 303 · Court of Criminal Appeals of Texas · Jun 25, 1913

That he so testified in the County Court was clearly established by the testimony of two or more witnesses; and that his testimony in both particulars was false, etc., was also clearly established by two or more witnesses … In other words, on the trial of this case “it was clearly established by the State by two witnesses or more that appellant was present at the house of said Gonzales on said night of June 19, 1912, and also *305 that he bet

Compton v. State

67 Tex. Crim. 15 · Court of Criminal Appeals of Texas · Jun 5, 1912

Even if the evidence should be construed as establishing two separate and distinct robberies, it was clearly sufficient to establish each and both. … The verdict was clearly sufficient and could not be misunderstood. Section 907, p. 597, White’s Ann. Code Criminal Procedure.

Harris v. State

370 S.W.2d 886 · Court of Criminal Appeals of Texas · Apr 24, 1963

The confession was clearly not inadmissible as a matter of law. Stickney v. State, Tex.Cr.App., 336 S.W.2d 133, 137 , and Stickney v. Texas, 363 U.S. 807 , 80 S.Ct. 1245 , 4 L.Ed.2d 1151 . … Harris County operates under Article 601-A, Vernon’s Ann.C.C.P., and, as qualified by the court, appellant’s bill of exception presents no error. *888 We find no error in the argument.

Cuilla v. State

80 Tex. Crim. 41 · Court of Criminal Appeals of Texas · May 31, 1916

The great preponderance of the testimony clearly establishes both, a fraudulent receiving and a concealing of the stolen property. … We will not recite the testimony in detail, but we will give the substance of what it established and what the jury were clearly authorized to believe and find therefrom. Will Curtis burglarized the store of A.