Case law

Webb v. State

80 Tex. Crim. 1 · Court of Criminal Appeals of Texas · Jun 14, 1916

Nearly all are explained and qualified by the judge. However, what we say will embrace all the matters raised so as to be a guide for another trial. … We regard the doctrine as so well established as to need no further dis- *4 cushion.

Blasdell, Brandon Scott

470 S.W.3d 59 · Court of Criminal Appeals of Texas · Sep 16, 2015

We do not address the State’s claim that Rubenzer was not qualified as an expert because we did not grant review of that issue. … (not designated for publication) (testimony about the reliability of eyewitness-identification testimony excluded because Rubenzer was not qualified). .

Parsons v. State

160 Tex. Crim. 387 · Court of Criminal Appeals of Texas · Nov 18, 1953

I dont remember any thing very clearly after this for some time. When I did come to my sen c es about 5:05 P.M. this afternoon I called my mother in Tulsa Oklahoma and told her what I had done. … We now approach the task of discussing the legality of the search of the appellant's home and appellant's contention that our original opinion has deprived her of the privileges, immunities and equal protection clauses of

Randle v. State

34 Tex. Crim. 43 · Court of Criminal Appeals of Texas · Dec 19, 1894

If in error as to the law, as the court evidently was, the appellant was clearly entitled to the change of venue. … He had thoroughly qualified himself by answering all questions propounded to him, yet, when tested by his own affidavit, disqualified himself completely.

State of Texas v. Meru, Mark

414 S.W.3d 159 · Court of Criminal Appeals of Texas · Nov 27, 2013

An offense will be a lesser-included offense where “it is established by proof of the same or less than all the facts required to establish the commission of the offense charged.” Tex.Code Crim. Proc. … The entry here clearly refers to the one defined in the burglary statute. . While we find it counterintuitive for criminal trespass to not be a lesser-included offense of burglary, the statutes bind us.

Mitchell v. State

65 Tex. Crim. 545 · Court of Criminal Appeals of Texas · Feb 14, 1912

It was clearly shown that Mrs. Julia Truitt (Bishop), who was the wife of the deceased, Jas. M. … It is clearly shown that from about noon the day the deceased was killed until an hour or two after the killing of that night that the party who did the killing was seen and clearly identified, riding a horse of a certain

Trapper v. State

129 Tex. Crim. 53 · Court of Criminal Appeals of Texas · Jun 19, 1935

In the absence of any proof in support of the allegation in the appellant’s motion, the court was clearly right in declining to set aside the bill of indictment. … The court qualified said bill of exception and in his qualification states that Dr.

Cage v. State

167 Tex. Crim. 355 · Court of Criminal Appeals of Texas · May 28, 1958

Byron Saunders to assert in the presence of the jury his privilege of immunity from testifying. … Under the record the bill of exception, as qualified, does not reflect error. The court, in his charge, limited the jury’s consideration of the evidence introduced concerning the checks issued to J. B.

Price, Jimmy Don

434 S.W.3d 601 · Court of Criminal Appeals of Texas · Jun 25, 2014

This Court held that a defendant’s sentence for an attempted offense did not qualify as a stackable offense. Id. at 350-51. … purposes of establishing the offense of continuous sexual abuse the attempt offenses of those completed offenses?

Holloway, Danny Lee II

413 S.W.3d 95 · Court of Criminal Appeals of Texas · Oct 30, 2013

Clearly, the implication at trial was that the knife recovered from Applicant’s car was the knife he used to stab three people during the fight. … However, the absence of Ashley Lee’s DNA from the stains on the knife is not clearly exculpatory, as argued by Applicant.

Cole v. State

839 S.W.2d 798 · Court of Criminal Appeals of Texas · Oct 21, 1992

Having reached this initial conclusion, we come to the more precise issue in this case, and that is whether hearsay evidence which does not qualify as an exception under TRCE 803(8) may nevertheless qualify under TRCE 803 … The Texas and federal versions of both rules have virtually the exact same wording, i.e., the Texas rules do not clearly depart from their federal counterparts.

Warren v. State

67 Tex. Crim. 273 · Court of Criminal Appeals of Texas · Mar 13, 1912

The court in approving it qualified it as he had the other. … The character of testimony objected to by these bills comes clearly within the spirit and substance of the rule above announced, and in our opinion the testimony, as shown by the bills and as qualified by the judge, was clearly

Ex Parte Broussard

74 Tex. Crim. 333 · Court of Criminal Appeals of Texas · Dec 3, 1913

It shall be unlawful hereafter for any person, corporation or association of persons to establish or maintain any slaughter house, bone boiler or soap making establishment, in the City of Beaumont, or any brick yards, livery … keep his stable in a filthy condition, and another had established a reputation for good order and cleanliness.

Long v. State

59 Tex. Crim. 103 · Court of Criminal Appeals of Texas · Mar 16, 1910

The point appellant was seeking to establish was to refresh Wooten’s memory in order that defendant might prove by him that Miss Long did tell him of the insult offered her by deceased at the Graham schoolhouse. … This appellant should have done if he was not satisfied with the bill given by the court, and qualified as the court did qualify it. Trotter v. State, 37 Texas Crim. Rep., 468 ; Adams v. State, 35 Texas Crim.

Ex Parte Castellano

863 S.W.2d 476 · Court of Criminal Appeals of Texas · Sep 29, 1993

Clearly then, Fragozo had knowledge not only of his own perjury, but that of Sanchez as well. The record clearly supports a finding that Fragozo was acting under color of law when he conspired against appellant. … A finding of perjured testimony alone does not establish a violation of the Due Process Clause of the Fourteenth Amendment. United States v.

Wingate v. State

69 Tex. Crim. 234 · Court of Criminal Appeals of Texas · Nov 27, 1912

at the police station was an established fact. … It was clearly admissible for that purpose even if the bill was sufficient to raise the point and require this court to pass thereon.

State Ex Rel. Eidson v. Edwards

793 S.W.2d 1 · Court of Criminal Appeals of Texas · Jun 27, 1990

District Attorneys shall hold office for four years, and until their successors have qualified. Relying on Tex. Const. … Contrary to the charge of our dissenting brother, we are not in any way saying that Texas prosecutors are immune from the Code of Professional Responsibility.

Tune v. State

49 Tex. Crim. 445 · Court of Criminal Appeals of Texas · Mar 7, 1906

The evidence clearly corroborates her statement. … The evidence clearly establishes a premeditated and formed design on the part of appellant to destroy the life of the child killed, and there is no circumstance suggesting the issue of murder in the second degree.

Sanchez v. State

209 S.W.3d 117 · Court of Criminal Appeals of Texas · Dec 13, 2006

State. 26 UNASSIGNED ERROR Shortly after the courts of appeals acquired criminal appellate jurisdiction in Texas, it was established in Carter v. … Thus, the parties clearly joined issue, inter alia, on the elemental questions of whether the verbal sexual conduct was unwelcome, and whether the appellant knew it was unwelcome.

Pittman v. State

434 S.W.2d 352 · Court of Criminal Appeals of Texas · Jul 24, 1968

Normally, the prosecutor will clearly establish the juror’s disqualification on this ground before challenging for fear that the juror may be re-qualified upon further interrogation and explanation by the defense or the court … If the juror’s answers be equivocal or qualified, further interrogation is permissible in order to ascertain his viewpoint. 35 Tex.Juris.2d., Jury, Sec. 115, p. 168.