Case law

Landreth v. State

44 Tex. Crim. 239 · Court of Criminal Appeals of Texas · Nov 12, 1902

He stated to Deputy Sheriff Peevy, when arrested, charged with the theft of the mare, that he did not steal the animal; that he took up the little brown mare (the one in question) to keep her from starving for want of water … The court charged the jury in regard to the reasonableness of the account appellant gave of his possession of the animal in accordance with the principles laid down in Wheeler v. State, 34 Texas Crim. Rep., 350 .

Ex parte Taylor

132 Tex. Crim. 29 · Court of Criminal Appeals of Texas · Dec 23, 1936

So believing, the case of Tennessee ex rel Lea v. Brown, 64 S. W. (2d) 841 , appeared to be controlling. The motion for rehearing is overruled. Overruled.

West v. State

489 S.W.2d 597 · Court of Criminal Appeals of Texas · Sep 25, 1972

Brown, who was then an assistant county attorney for Lubbock County; and Brown aided the officers in preparing an affidavit for a search warrant. … On November 19, 1969, Brown, the officers and Justice of the Peace Wayne LeCroy went to the theater for the purpose of viewing these films.

Palma, Alexander

Court of Criminal Appeals of Texas · Dec 11, 2019

The Court concludes that the Parole Board violated the 41-day requirement for affording a parole revocation hearing. … Filed: December 11, 2019 Publish 8 United States v. Morrison, 449 U.S. 361, 364 (1981). 9 See Moody v.

Stephens v. State

660 S.W.2d 85 · Court of Criminal Appeals of Texas · Sep 14, 1983

Brown v. State, 477 S.W.2d 617, 620 (Tex.Cr.App. 1972). But, the State cross-examined appellant’s wife at the punishment phase as follows: “Q. Now, Mrs. … See also DeGrate v. State, 518 S.W.2d 821 (Tex.Cr.App.1975); Jones v. State, 479 S.W.2d 307 (Tex.Cr.App.1972).

Baker v. State

156 Tex. Crim. 649 · Court of Criminal Appeals of Texas · Feb 13, 1952

Agents Hutcheson and Smith of the Texas Liquor Control Board and other peace officers, by virtue of a search warrant, searched the premises mentioned. … See, also, Thursby v. State, 143 Tex. Cr. R. 295 , 158 S. W. 2d 539 ; and Green v. State, 143 Tex. Cr. R. 337 , 158 S. W. 2d 771 .

Russeau v. State

171 S.W.3d 871 · Court of Criminal Appeals of Texas · Jun 29, 2005

Berry, who lived in the neighborhood, was seen standing near Sy-vertson’s garage at 1:30 p.m. eating lunch out of a brown paper sack. … Edward Brown Gripon also testified regarding appellant's risk of future dangerousness, but appellant does not challenge the admission of Gripon’s testimony-

Fitzgerald v. State

225 S.W. 1096 · Court of Criminal Appeals of Texas · Dec 8, 1920

White’s Texas Penal Code, p. 315, § 427; Lowe v. State, 15 Tex. 141 ; Cassaday v. State, 4 Tex. App. 96; Hutchings v. State, 24 Tex. App. 242, 6 S. W. 34 ; Brown v. State, 28 Tex. App. 65, 11 S. W. 1022 .

Landry v. State

96 Tex. Crim. 417 · Court of Criminal Appeals of Texas · Jan 30, 1924

Lacy got out of the doctor’s car and got on the running board of the truck, but he immediately got off, though he did not testify to his reason for doing so. … Bates v. State, 50 Texas Crim. Rep., 568 ; Newman v. State, 55 Texas Crim. Rep., 273 ; Crane v. State, 91 Texas Crim. Rep., 304 , 240 S. W. Rep., 922 . The judgment is reversed and the cause remanded.

McCoy v. State

113 Tex. Crim. 302 · Court of Criminal Appeals of Texas · Nov 6, 1929

Again in Sparks v. State, 300 S. … Brown v. State, 101 Tex. Cr. R. 639 , 276 S. W. 929 ; Howell v. State,. 94 Tex. Cr. R. 563 , 252 S. W. 539 ; article 753, sub. 7, Vernon’s. C. C. P. 1925, and authorities there cited.”

Avants v. State

171 Tex. Crim. 45 · Court of Criminal Appeals of Texas · Mar 1, 1961

Tippett, an undercover agent for the Texas Liquor Control Board, appellant sold him a pint of whisky for $5, at approximately 2:40 o’clock on the afternoon of April 2, 1959, in the 500-block of Cedar Street in Plainview. … Wiley v. State, 163 Tex. Cr. R. 513 , 294 S.W. 2d 118 ; Madley v. State 165 Tex. Cr. R. 83 , 307 S.W. 2d 584 ; Branch’s 2d Edition, Sec. 459, p. 457.

Ex Parte Davila

623 S.W.2d 408 · Court of Criminal Appeals of Texas · Nov 4, 1981

Mayo v. State, 611 S.W.2d 442 (Tex.Cr.App.1981); Ex parte Pemberton, 577 S.W.2d 266 (Tex.Cr.App.1979). … Other supportive data that the Court deems relevant includes: the nature of the offense, Mecom v.

Alford v. State

505 S.W.2d 813 · Court of Criminal Appeals of Texas · Feb 20, 1974

Terry v. State, Tex.Cr. App., 491 S.W.2d 161 . In Sanders v. … The State then called the deceased’s sister, Elvira Brown, who testified that in September or October, 1971, appellant attacked the deceased and attempted to choke her to death.

Harvin, Clifton Dewayne

Court of Criminal Appeals of Texas · Jun 8, 2011

Harvin v. State , No. 02-04-00294-CR (Tex. App.-Fort Worth 2005, no pet.). … Strickland v. Washington , 466 U.S. 608 (1984); Ex parte Elizondo , 947 S.W.2d 202 (Tex. Crim. App. 1996). In these circumstances, additional facts are needed.

Stevens v. State

156 Tex. Crim. 431 · Court of Criminal Appeals of Texas · Nov 7, 1951

Burks v. State, 50 Tex. Cr. R. 47 , 94 S. W. 1040 , and Hopson v. State, 115 Tex. Cr. R. 260 , 30 S. W. 2d 311 , 70 A. L. R. 1028. … .” *433 As supporting the text quoted, attention is there called to the case of People v. Brown, 34 Mich. 339 , 22 Am.

Humphries v. State

163 Tex. Crim. 601 · Court of Criminal Appeals of Texas · Nov 14, 1956

In Day v. State, 21 Tex. App. 213, 17 S.W. 262 , the Texas Court of Appeals held that a charge on the presumption of innocence, such as paragraph 2 above, was sufficient charge on the burden of proof. In Glascow v. … Brown v. State, 153 Tex. Cr. Rep. 381, 220 S.W. 2d 476 . Appellant contends that the court erred in failing to grant her motion for continuance.

Mitchell v. State

544 S.W.2d 927 · Court of Criminal Appeals of Texas · Jan 5, 1977

In Sanchez v. State, Tex.Cr.App., 398 S.W.2d 117, 120 , the Court stated, “The opinion as to one’s general reputation in a community is, by necessity, based upon hearsay.” In Henry v. … Other eases discussing the relation between reputation testimony and hearsay include *929 Mitchell v. State, Tex.Cr.App., 524 S.W.2d 510 , and Brown v. State, Tex.Cr.App., 477 S.W.2d 617 .

Hausman v. State

480 S.W.2d 721 · Court of Criminal Appeals of Texas · Jun 7, 1972

One foot from appellant’s head, the officers found a brown paper bag with the top rolled up containing marihuana. Seven people (including appellant) were positioned around the campfire. … Reid v. State, supra; Kinkle v. State, supra; Shortnacy v. *724 State, supra. We think not under the circumstances of this case.

Rice v. State

587 S.W.2d 689 · Court of Criminal Appeals of Texas · Oct 17, 1979

Some of the complainant’s papers were found in a brown paper sack. … The witness testified that she observed accomplice witnesses Gloria Caldwell and Bishop carry brown grocery bags into the trailer, but identified no one else.

Lackey v. State

819 S.W.2d 111 · Court of Criminal Appeals of Texas · May 29, 1991

California v. Brown, 479 U.S. 538, 545 [ 107 S.Ct. 837, 841 , 93 L.Ed.2d 934 ] (1987) (concurring opinion). Moreover, Eddings [v. … See California v. Brown, 479 U.S. 538 , 107 S.Ct. 837, 841 , 93 L.Ed.2d 934 (1987) (concurring opinion).