Case law

Dansby v. State

134 Tex. Crim. 15 · Court of Criminal Appeals of Texas · Feb 23, 1938

Such testimony, we believe, was clearly admissible to show the cause of deceased’s death. … The court further qualified said bill of exception and states that appellant’s counsel, who preceded State’s counsel in the closing argument, said “Why did not the officers search the home of Mrs.

Gallagher v. State

690 S.W.2d 587 · Court of Criminal Appeals of Texas · May 29, 1985

County courts were also to be established, each with jurisdiction over criminal misdemeanors. Journal of the Constitutional Convention of 1875 (The “News” Office, Galveston, Texas), p. 408. … The position of a reserve deputy constable clearly falls under the definition of “public servant” as set forth in V.T.C.A., Penal Code, § 1.07(a)(30). .

Stoner v. State

585 S.W.2d 750 · Court of Criminal Appeals of Texas · Jul 18, 1979

Martinez agreed to help Stoner, who had no experience with regard to paper or printing, establish herself as a printing jobber. … We hold that this evidence is sufficient to establish that the paper stolen was, as alleged, blue sixty pound NeKoosa offset vellum.

Walker v. State

162 Tex. Crim. 408 · Court of Criminal Appeals of Texas · Feb 9, 1955

The statement was clearly res gestae. Appellant's contention that it was incumbent upon the State to prove that Mrs. … The court qualified the bill and certified that the witness named in the motion was produced in court and, though made available to the accused, was not called as a witness.

Ross v. State

233 S.W.2d 126 · Court of Criminal Appeals of Texas · Jun 7, 1950

the jury rolls, * * * established the discrimination which the Constitution forbids.' … It may be a long time before this court again has before it a record which so clearly and indisputably presents the sole question of Constitutional law involved.

Carroll v. State

916 S.W.2d 494 · Court of Criminal Appeals of Texas · Jan 24, 1996

Appellant’s cross-examination was clearly an attempt to demonstrate that Russell held a possible motive, bias or interest in testifying for the State. … State, ... an effective cross-examination encompasses more than just the opportunity to elicit testimony to establish the existence of certain facts.

State Ex Rel. Millsap v. Lozano

692 S.W.2d 470 · Court of Criminal Appeals of Texas · Jun 19, 1985

Judge Ferro overruled the motion, finding Judge Miller qualified. … State, 487 S.W.2d 122 (Tex.Cr.App.1972), unless another court’s authority over any subject matter in the case can be clearly established.

Stevens v. State

671 S.W.2d 517 · Court of Criminal Appeals of Texas · May 16, 1984

Appellant’s statement, made as he was fleeing the scene and was surprised by Beck minutes after the shooting, clearly qualifies as a res gestae statement. Gordon v. State, 608 S.W.2d 638 (Tex.Cr.App.1980); Nastu v. … Two established rules apply to charges on the offense of voluntary manslaughter. First, an instruction on manslaughter is properly refused where there is no evidence whatsoever of adequate cause. McCartney v.

Townsley v. State

281 S.W. 1054 · Court of Criminal Appeals of Texas · Jan 13, 1926

It was the spontaneous outcry of a participant, and clearly res gestee. If part was immaterial it does not appear harmful. … The rule is very clearly stated by Judge Davidson in House v.

Yarbrough v. State

617 S.W.2d 221 · Court of Criminal Appeals of Texas · May 20, 1981

In the case at bar the evidence of these offenses was admissible to establish the appellant’s motive to commit perjury. Barefoot v. State, 596 S.W.2d 875 (Tex.Cr.App.1980); Russell v. … Kemp is not qualified to read or refresh his memory from this document. The court reporter, we would submit, would be the proper one to testify about any contents of that transcript.

Puryear v. State

50 Tex. Crim. 454 · Court of Criminal Appeals of Texas · Nov 28, 1906

The bill does not show clearly that the bloody clothing was used for any other purpose than that for which the same were introduced in evidence. … On another trial, we would suggest that this clothing, if introduced in evidence, be only used before the jury in open court; and then only as evidence to establish or make clear some point in the ease.

William James Akin v. State

Court of Criminal Appeals of Texas · Jul 20, 2015

Here, the law was clearly and patiently explained to prospective juror Horner. … In that Court’s opinion, the venire comprises so many jurors who are clearly qualified that it is unnecessary to err by denying a challenge for cause on a close question. Id.

Miles v. State

918 S.W.2d 511 · Court of Criminal Appeals of Texas · Feb 28, 1996

. *513 Reviewing the evidence in the light most favorable to the verdict, the following facts are established. On July 2,1991, Theodore Myles bought appellant a nine-millimeter Tech 9 gun at appellant’s request. … A statement tending to expose the declarant to criminal liability is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement. .

Grimes v. State

807 S.W.2d 582 · Court of Criminal Appeals of Texas · Mar 27, 1991

While those cases find no vested substantive right, they clearly do not control what is a “right” in a criminal context. … It is well established that by simply la-belling a law “procedural,” a legislature does not thereby immunize it from scrutiny under art. I, § 10 of the Federal Constitution.

Wall, Roger Morgan

Court of Criminal Appeals of Texas · Jan 18, 2006

Thus, Veal clearly did not give his statement in response to police interrogation. … The evidence overwhelmingly establishes appellant = s guilt, even disregarding the erroneously admitted evidence.

Wilson v. State

7 S.W.3d 136 · Court of Criminal Appeals of Texas · Dec 8, 1999

But, the evidence established that Webb was in jail at the time of the murder. Besides a common motive and William’s statement about “Gun,” no evidence in any way implicated Webb in the murder. … I’d like to take this subject under voir dire to determine if he is qualified to determine time, also have possibly a 705 hearing.

Layton v. State

280 S.W.3d 235 · Court of Criminal Appeals of Texas · Feb 4, 2009

Appellant qualified the statement by saying that he had taken Valium at 2 p.m. the previous afternoon, but had not taken any Xanax since the day before. … State, 827 S.W.2d 907, 909 (Tex.Crim.App.1992), “all the party has to do to avoid the forfeiture of a complaint on appeal is to let the trial judge know what he wants, why he thinks he is entitled to it, and to do so clearly

Ariola and Manchaca v. State

79 Tex. Crim. 80 · Court of Criminal Appeals of Texas · Feb 16, 1916

Each side introduced more or less testimony tending to' establish their respective contentions. It was shown that some two or three other parties in the same general neighborhood had a herd of goats, including Ramos. … The court in qualifying his bill refers to the statement of facts on the question.

Ex Parte Carter

621 S.W.2d 786 · Court of Criminal Appeals of Texas · Sep 23, 1981

If a defendant has opened the door on direct examination, does this grant the State immunity from the second rule? … On direct examination Carter clearly stated he was not saying he had never been in trouble before.

Turpin v. State

606 S.W.2d 907 · Court of Criminal Appeals of Texas · Oct 29, 1980

to the presumption, the issue of the existence of the presumed fact must be submitted to the jury, unless the court is satisfied that the evidence as a whole clearly precludes a finding beyond a reasonable doubt of the presumed … The mere possibility that an item of undisclosed information might have helped the defense, or might have affected the outcome of the trial, does not establish ‘materiality’ in the constitutional sense.”