Case law

Hysaw v. State

69 Tex. Crim. 562 · Court of Criminal Appeals of Texas · Mar 12, 1913

In our opinion it raised the issue and was clearly sufficient to sustain a conviction for manslaughter. … Law, where these rules are stated and authorities establishing them are collated.

Meek v. State

71 Tex. Crim. 433 · Court of Criminal Appeals of Texas · Oct 22, 1913

The court, in allowing the bill, qualified it by stating: "I only permitted the State to prove by the witness Williams that the two pipes were found buried and identified as a part of the property stolen. … We think clearly the testimony was admissible over anything shown by appellant's bill.

Eckert v. State

623 S.W.2d 359 · Court of Criminal Appeals of Texas · Oct 21, 1981

In Walker , however, the facts before us were clearly insufficient to sustain a conviction. … Clearly, this standard does not require that jurors be totally ignorant of the facts and issues and “. .. scarcely any of those best qualified to serve as jurors will not have formed some impression or opinion as to the merits

Mathews v. State

768 S.W.2d 731 · Court of Criminal Appeals of Texas · Apr 12, 1989

error, but that it also established reversible error. … Clearly, that is not the situation here.

Whitsey v. State

796 S.W.2d 707 · Court of Criminal Appeals of Texas · Sep 19, 1990

In sum, for the accused to establish a pri-ma facie case of purposeful discrimination by the prosecuting attorney under Swain v. … This largely made prosecuting attorneys use of peremptory strikes immune from constitutional scrutiny. However, Swain was not without its critics or its criticisms. See footnote 2, Tompkins v.

Yanez v. State

677 S.W.2d 62 · Court of Criminal Appeals of Texas · Sep 26, 1984

Harm need not be shown or established. See Hall v. State, supra, and the cases cited therein at page 115, and Latham v. State, supra, and the cases cited therein at page 479. Also see Clark v. … In this instance, the record clearly reflects that appellant’s counsel motioned the trial court for a shuffle of the names of the members of the jury panel immediately after it had been ascertained which persons would make

Aguirre-Mata v. State

125 S.W.3d 473 · Court of Criminal Appeals of Texas · May 14, 2003

Yet, the Supreme Court ordered a reversal for the failure to establish the voluntariness of the defendant’s plea, without regard to harm. Boykin, at 242, 89 S.Ct. 1709 . See also, Parke, supra; Bousley v. … O’Grady, 312 U.S. 329 , 61 S.Ct. 572 , 85 L.Ed. 859 (1941)(“a plea does not qualify as intelligent unless a criminal defendant first re *484 ceives ‘real notice of the true nature of the charge against him, the first and

Newbury v. State

135 S.W.3d 22 · Court of Criminal Appeals of Texas · Apr 21, 2004

A juror is not qualified to serve if there is established in the mind of the juror such a conclusion as to the guilt or innocence of the defendant as would influence the jurors action(s) in reaching a verdict. … Then in the Court’s discretion, make a determination whether or not that person is qualified to serve.

Gibson v. State

53 Tex. Crim. 349 · Court of Criminal Appeals of Texas · Apr 22, 1908

Where there shall not be a sufficient number of those selected to make the number required for the special venire, the court shall order the sheriff to summon a sufficient number of good and intelligent citizens, who are qualified … Lora Conditt as evidence against the defendant, *363 Monk Gibson, in this case, but can only consider said evidence to establish the guilt of said Felix Powell as a principal, as a basis upon which the State seeks to establish

McQuarrie v. State

380 S.W.3d 145 · Court of Criminal Appeals of Texas · Oct 10, 2012

specifically held that any additional evidence that a juror brings into deliberations does not qualify as such. … We would emphasize, however, that our reference to, and reliance on, a debate “in two law reviews” for support is actually derived from a Texas Supreme Court opinion, which clearly recognized the uncertainty surrounding the

Owens v. State

827 S.W.2d 911 · Court of Criminal Appeals of Texas · Mar 4, 1992

To hold that these two alleged sexual assaults were so nearly identical in method as to constitute a “system” would run the risk of qualifying almost any two crimes of the same class and against the same type of victim as … If so, the admission of such evidence on the facts of this case would clearly constitute error under our analysis in Boutwell .

Ex Parte Reynoso

257 S.W.3d 715 · Court of Criminal Appeals of Texas · Jul 2, 2008

Applying the 180-day due date rule in the instant case would clearly make the July 11, 2005, filing timely. … Therefore, clearly, 45 days after this date provided the later of the two dates.

Barnett v. State

76 Tex. Crim. 555 · Court of Criminal Appeals of Texas · Mar 31, 1915

Choat, but as appellant's bills are explained and qualified by the court, we think none of them show error. … All the testimony by both sides, without any conflict, clearly established that appellant had leased or rented to deceased the said fifteen acres fenced field, wherein the killing occurred and that the deceased at the time

Hightower v. State

73 Tex. Crim. 258 · Court of Criminal Appeals of Texas · Jan 7, 1914

And if you fail to find the facts to he, or if you fail to find that both facts have been established beyond a reasonable doubt, you will return a verdict of not guilty and this, notwithstanding you believe beyond a reasonable … Taking the testimony as a whole, this would clearly show a sale hi appellant to Jones of two quarts of this whisky and it would not show that she was acting merely as the agent of Jones in ordering this whisky for him and

Williams v. Smith

200 S.W.2d 201 · Court of Criminal Appeals of Texas · Feb 13, 1947

of those of fact as were admitted in aid of the language of the will, do not question the sufficiency of the evidence to sustain any of them; wherefore, all those that are held to have been relevant must be accepted as established … She duly qualified as independent executrix on May 12, 1931, and continued to serve in said capacity until December 31, 1938. “3.

Bien v. State

550 S.W.3d 180 · Court of Criminal Appeals of Texas · Jun 6, 2018

that Appellant intended that Reynolds commit capital murder by killing Box and that under the circumstances as Appellant believed them to be, killing Box would constitute capital murder. 18 To determine whether an offense qualifies … We hold that this element of criminal solicitation was also subsumed within the proof necessary to establish the intent to commit capital murder under the attempted capital murder indictment.

Hightower v. State

165 S.W. 184 · Court of Criminal Appeals of Texas · Jan 7, 1914

'And, if you fail to so find the facts to be, or if you fail to find that both facts have been established beyond a reasonable doubt, you will return a verdict of not guilty, and this notwithstanding you believe beyond a … Taking the testimony as a whole, this would clearly show a sale by appellant to Jones of two quarts of this whisky, and it would not show that she was acting merely as the agent of Jones in ordering this whisky for him, and

Long v. State

55 Tex. Crim. 55 · Court of Criminal Appeals of Texas · Nov 11, 1908

The bill further recites that the court admitted this testimony as circumstances and facts tending to show and establish a conspiracy and prior agreement. This evidence was admissible under the facts of the case. … The testimony, then, objected to was so closely related to the immediate act of taking and was so connected with the immediate theft that it was clearly a part of the transaction.

State of Texas v. Meru, Mark

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. 2. While we find it counterintuitive for criminal trespass to not be a lesser-included offense of burglary, the statutes bind us.

Bell v. State

62 Tex. Crim. 242 · Court of Criminal Appeals of Texas · May 3, 1911

The cases excepted do not define or qualify the offense created by the enacting clause. … Cases excepted from the Act necessarily do not define, qualify, or in any way affect the provisions of the enacting clause.