Case law

Williams v. State

164 Tex. Crim. 347 · Court of Criminal Appeals of Texas · Nov 21, 1956

Linsenba v. Calif., 314 U.S. 219 , 62 Sup. Ct. 620, 86 L. ed. 166; Lyons v. Okla., 322 U.S. 596 , 64 Sup. Ct. 202, 88 L. ed. 1431; Petrey v. State, 158 Texas Cr. Rep. 658 , 258 S.W. 2d 808 ; Sampson v. … In the famous case of Commonwealth v.

Wilson v. State

692 S.W.2d 661 · Court of Criminal Appeals of Texas · Sep 19, 1984

The tenor of the times in which the commands were originally enacted and the clear legislative intent in doing so were demonstrated in my concurring opinion in Brown v. … Cornelius was reiterated by rote; see McFarlan v. State, 106 Tex.Cr.R. 384 , 292 S.W. 885, 886 (1927); Yeager v. State, 106 Tex.Cr.R. 462 , 294 S.W. 200, 201 (1927); Purswell v.

McMillan v. State

128 Tex. Crim. 640 · Court of Criminal Appeals of Texas · Jun 5, 1935

He said he saw some whisky on the running board of the car the campers were driving, but did not know that any whisky had been brought to his home. … See Coons v. State, 22 S. W. (2d) 459 , and authorities cited. Appellant was charged with possessing the whisky, and under the indictment the conviction could not be predicated upon the possession of the home brew.

Ex Parte Farnsworth

61 Tex. Crim. 342 · Court of Criminal Appeals of Texas · Mar 1, 1911

See Cincinnati, etc., v. Clinton County, 1 Ohio St., 77 . Locke’s Appeal, 72 Penn. … Swisher v. State, supra, and cases already cited.

Lawerence v. State

87 Tex. Crim. 61 · Court of Criminal Appeals of Texas · Mar 3, 1920

She said that he told her to get straddle of a board. She told him she didn’t want to, and he hit her on the side of the head with his hand, and pulled her up between his legs and had intercourse with her. … See Wingo v. State, 210 S. W. 548 , and cases therein referred to. The errors pointed out require a reversal of the judgment, which is ordered.

Johnson v. State

162 S.W. 512 · Court of Criminal Appeals of Texas · Dec 3, 1913

Scott v. State, 42 Tex. Cr. R. 607 , 62 S. W. 419 ; McGlasson v. State, 38 Tex. Cr. R. 351 , 43 S. W. 93 ; Barker v. State, 47 S. W. 980 ; Washington v. State, 77 S. W. 810 ; Brantley v. State, 42 Tex. Cr. … W. 769 ; Hampton v. State, 45 Tex. 154 ; Shelton v. State, 34 Tex. 662 ; Magruder v. State, 35 Tex. Cr. R. 214 , 33 S. W. 233 ; Brown v. State, 61 Tex. Cr. R. 336 , 136 S. W. 265 ; Reagan v. State, 157 S.

Buntion v. State

482 S.W.3d 58 · Court of Criminal Appeals of Texas · Jan 27, 2016

The article clearly explained that the Parole Board would make any release decisions. … Landers v. State, 256 S.W.3d 295, 304 (Tex. Crim. App. 2008). In Landers v.

State Ex Rel. Wade v. Mays

689 S.W.2d 893 · Court of Criminal Appeals of Texas · Feb 6, 1985

Forbes v. City of Houston, 356 S.W.2d 709 (Tex.Civ.App.1962). See also Texas Board of Pardons & Paroles v. Miller, 590 S.W.2d 142 (Tex.Cr.App.1979); and 37 Tex.Jur.2d Mandamus § 47. … Denson, 671 S.W.2d 896 (Tex.Cr.App.1984), would be a violation of a “manifest duty,” see Texas Board of Pardons & Paroles v. Miller, supra, or a “gross abuse of discretion,” State v.

Lee v. State

148 Tex. Crim. 220 · Court of Criminal Appeals of Texas · Jan 31, 1945

Pyland v. State, 33 Tex.Crim. R., 26 S.W. 621 ; Hargrove v. State, *Page 230 33 Tex. Crim. 431 , 26 S.W. 993 ; Thomas v. State, 33 Tex.Crim. R., 28 S.W. 534 ; Brown v. State, 38 Tex.Crim. R., 44 S.W. 176 . … In the case of Henderson v.

Whitaker v. State

160 Tex. Crim. 271 · Court of Criminal Appeals of Texas · Mar 17, 1954

268 S.W.2d 172 (1954) WHITAKER v. STATE. No. 26863. Court of Criminal Appeals of Texas. March 17, 1954. Rehearing Denied May 12, 1954. Burton S. Burks, Burk W. McNeil, Clifford W. Brown, Lubbock, for appellant. … She had previously operated a boarding and rooming house at such place. Mrs.

Ex Parte Becker

459 S.W.2d 442 · Court of Criminal Appeals of Texas · Nov 13, 1970

In Hamilton v. … Texas, 316 U.S. 400 , 62 S.Ct. 1159 , 86 L.Ed. 1559 ; Smith v. Texas, 311 U.S. 128 , 61 S.Ct. 164 , 85 L.Ed. 84 ; See also Brooks v. Beto, supra; Rodriquez v. Brown, 429 F.2d 269 (5th Cir.). In Smith v.

Buntion, Ex Parte Carl Wayne

Court of Criminal Appeals of Texas · Sep 30, 2009

See Penry v. Johnson (“Penry II”), 532 U.S. 782 (2001). This Court has reviewed the application and determined that the it satisfies the requirements of Article 11.071 § 5. … was presented with evidence that applicant had a troubled childhood in a “very bad neighborhood,” was severely physically mistreated by his alcoholic father, and ran away from home to work on a dairy farm for room and board

Kellum v. State

102 Tex. Crim. 537 · Court of Criminal Appeals of Texas · Nov 18, 1925

He said: “I smelled it and it was whiskey. * * * Some of it was on the running board of the *540 car.” … Cathey v. State, 252 S. W. Rep. 534 ; Carson v. State, 69 Ala. 240 .

Collins v. State

170 Tex. Crim. 196 · Court of Criminal Appeals of Texas · Jun 22, 1960

Appellant’s automobile was searched and a bag of marihuana was found under the dash board. … In support of his contention, appellant cites Balch v. State, 134 Tex. Cr.

Mahan v. State

586 S.W.2d 488 · Court of Criminal Appeals of Texas · Apr 25, 1979

Cooper v. State, 509 S.W.2d 565 (Tex. Cr.App.1974); Guerrero v. State, 487 S.W.2d 729 (Tex.Cr.App.1972). … In the dining room closet the appellant had three brown paper bags containing a total of 4.69 ounces of marihuana. An ashtray held cigarette butts containing another 0.11 ounces.

Ortiz v. State

160 Tex. Crim. 585 · Court of Criminal Appeals of Texas · Nov 3, 1954

In Inness v. State, 105 Texas Cr. … In Heath v. State, 121 Texas Cr.

McKinley v. State

172 Tex. Crim. 649 · Court of Criminal Appeals of Texas · Nov 21, 1962

Undercover agent Tolliver of the Liquor Control Board testified that he accosted appellant, a cab driver, in front of the Crossroads cafe at Fifth and Fillmore at 2:30 A.M. on the night in question and asked him for some … when he returned to the Crossroads cafe with the whiskey he parked and Tolliver got in the cab, asked for the whiskey, and he told him that it was on the floorboard and Tolliver ■ laid the $10.00 on the seat: In Padget v.

Hughes v. State

106 Tex. Crim. 550 · Court of Criminal Appeals of Texas · Mar 16, 1927

See Shaw v. State, 27 Tex. Rep. 755 ; Glasscock v. Commissioner, 3 Tex. Rep. 51 ; Koontz v. State, 41 Tex. Rep. 570 ; White v. State, 10 Tex. Crim. Rep. 172; Gray v. State, 144 S. W. 284 . … See Cade v. State, 96 Tex. Crim. Rep. 523; Collins v. State, 95 Tex. Crim. Rep. 405; Washington v. State, 86 Tex. Crim. Rep. 652; Brown v. State, 274 S. W. 588 ; Redford v. State, 98 Tex. Crim. Rep. 42.

Andrews v. State

744 S.W.2d 40 · Court of Criminal Appeals of Texas · Sep 23, 1987

Hankins v. … She described one of the men as being medium in height, “Six foot two inches, six foot one inch”, and wearing a dark brown, “chocolate brown jacket,” “like a type of shirt”.

Jaffrion v. State

501 S.W.2d 322 · Court of Criminal Appeals of Texas · Nov 21, 1973

Brown v. State, 171 Tex.Cr.R. 167 , 346 S.W.2d 842 (1961). The second ground is overruled. … Smith v. State, 455 S.W.2d 748 (Tex.Cr.App.1970). Indeed, as noted in Handley v.