Case law

Ex Parte Nations

164 Tex. Crim. 611 · Court of Criminal Appeals of Texas · Apr 3, 1957

The judge of the district court of Brown County filed the writ, developed the facts, and certified the same to this court in accordance with the terms of Article 119, V.A.C.C.P. … Ogle v. State, 43 Texas Cr. Rep. 219 , 63 S.W. 1009 , and Marshall v. State, 73 Texas Cr. Rep. 531 , 166 S.W. 722 . Because of the peculiar circumstances here presented, the writ of habeas corpus is denied.

Stalcup v. State

130 Tex. Crim. 119 · Court of Criminal Appeals of Texas · Jan 8, 1936

D. 1934, while the appellant, Clarence Brown, W. J. … See People v. Scheck, 91 A. L. R., 1472, ( 190 N. E., 108 ); Vines v. State, 67 Texas Crim. Rep., 355 , 148 S. W., 727 .

Prater v. State

60 Tex. Crim. 88 · Court of Criminal Appeals of Texas · Oct 19, 1910

Will Prater v. The State. No. 688. Decided October 19, 1910. 1. —Assault to Murder — Self-Defense—Charge of Court. … It was claimed and testified to by Orby and Brown that defendant was the party who cut both Orby and Brown.

Huckert v. State

159 Tex. Crim. 368 · Court of Criminal Appeals of Texas · Nov 18, 1953

Brown: And we would like our exception to the ruling of the Court. “‘Court: You may have your exception.’” … See Phillips v. State, 152 Tex. Cr. R. 612 , 216 S.W. (2d) 213 ; Wells v. State, 153 Tex. Cr. R. 331 , 220 S.W. (2d) 148 ; and Milligan v. State, 156 Tex. Cr. R. 448 , 243 S.W. (2d) 581 .

Ex Parte Savage

63 Tex. Crim. 285 · Court of Criminal Appeals of Texas · Oct 18, 1911

Board, 24 Texas Crim. App., 33, 57 S. W. Rep., 1002 ; Olson v. Smith, 68 S. W. Rep., 320 , which case was appealed to and sustained by the Supreme Court of the United State, 195 U. … See, also, Brown v. Galveston, 97 Texas, 1 ; Ex parte Gregory, 20 Texas Crim. App., 210.

Brown, Richard Jr.

Court of Criminal Appeals of Texas · Dec 17, 2014

See Brown v. State, No. 05-06-01461-CR (Tex. App.—Dallas Feb. 25, 2008) (not designated for publication); Ex parte Brown, No. 72,337-02 (Tex. Crim. App. Feb. 26, 2014) (not designated for publication). … See In re Brown, No. 05-14-00622-CV (Tex. App.—Dallas May 27, 2014) (not designated for publication); Padilla v. McDaniel, 122 S.W.3d 805 (Tex. Crim. App. 2003); Padieu v.

Hooper v. State

487 S.W.2d 349 · Court of Criminal Appeals of Texas · Nov 8, 1972

In Alexander v. … See Herrera v. State, Tex.Cr.R., 462 S.W.2d 597 ; Gomez v. State, Tex.Cr.R., 461 S.W.2d 422 ; Ochoa v. State, Tex.Cr.R., 444 S.W.2d 763 .

Ex Parte Voelkel

517 S.W.2d 291 · Court of Criminal Appeals of Texas · Jan 8, 1975

Voelkel v. State, 501 S.W.2d 313 (Tex.Cr.App.1973). … See also: Ex parte Brown, 477 S.W.2d 552 (Tex.Cr.App.1972). The State attempts to distinguish Reynolds and Brown on the basis of the facts of the present case.

Alexander v. State

476 S.W.2d 10 · Court of Criminal Appeals of Texas · Jan 26, 1972

Brown v. State, 460 S.W.2d 925 (Tex.Cr.App.1970); Bitela v. State, 463 S.W.2d 738 (Tex.Cr.App. 1971) and 5 Tex.Jur.2d 61, Sec. 39. … No error is shown. 5 Tex.Jur.2d 61, Sec. 39 and Brown v. State, supra. The appellant did not attempt to show that the questions were asked in bad faith. See Keel v. State, 434 S.W.2d 687 (Tex.Cr.App.1968).

Marmer v. State

47 Tex. Crim. 424 · Court of Criminal Appeals of Texas · Dec 7, 1904

Lowery and one Brown, as detectives, to ferret out violations of the local option law in Smith County; and paid said detectives for their services. … To support this contention, appellant cites Steele v. State, 19 Texas Crim. App., 425; O’Brien v. State, 6 Texas Crim. App., 665; White’s Ann. Penal Code, arts. 74, 79.

Ex Parte Davis

412 S.W.2d 46 · Court of Criminal Appeals of Texas · Feb 15, 1967

The writer is committed to that school of thought expressed by this Court in the cases of Brown v. State, 171 Tex.Cr.R. 167 , 346 S.W.2d 842 , and Joseph v. State, Tex.Cr.App., 367 S.W.2d 330 . … Judge Woodley dissented in the Joseph case and while he did not participate in the Brown case, he did express his disagreement over the disposition of the Brown case in his dissent in Joseph.

Duran v. State

552 S.W.2d 840 · Court of Criminal Appeals of Texas · Jun 29, 1977

Rodriguez v. State, 442 S.W.2d 376 (Tex.Cr.App.1969); Hughes v. State, supra; Rodriquez v. State, 534 S.W.2d 335 (Tex.Cr.App.1976). … Although an officer may be qualified as an expert and testify that a plant substance is marihuana, he may not be qualified as an expert to testify that a brown powdered substance is heroin. See Curtis v.

Barber v. State

737 S.W.2d 824 · Court of Criminal Appeals of Texas · Sep 16, 1987

Hooper v. State, 533 S.W.2d 762, 767 (Tex.Cr.App.1976) (Opinion on Appellant’s Motion for Rehearing), and cases cited therein. In Brown v. … The officer broke into Brown’s apartment, searched it, and when Brown was climbing the stairs to his apartment, he was accosted by three plainclothes officers pointing guns at Brown.

Pesina v. State

560 S.W.2d 97 · Court of Criminal Appeals of Texas · Jan 11, 1978

- *98 trolled substances also appear in white or brown powdered form. . . . 1 See also Duran v. … Miller v. State, 168 Tex.Cr.R. 570 , 330 S.W.2d 466 (1959); Satery v. State, 455 S.W.2d 294 (Tex.Cr.App.1970); Jordan v. State, 486 S.W.2d 784 (Tex.Cr.App.1972); Boothe v. State, 474 S.W.2d 219 (Tex.Cr.App.1971).

Beck v. State

420 S.W.2d 725 · Court of Criminal Appeals of Texas · Nov 15, 1967

Morgan v. State, 170 Tex.Cr.R. 412 , 341 S.W.2d 438 ; Foster v. State, 170 Tex.Cr.R. 61 , 338 S.W.2d 458 ; Hurst v. State, 168 Tex.Cr.R. 427 , 328 S.W.2d 447 . … Urtado v. State, 167 Tex.Cr.R. 318 , 319 S.W.2d 711 . See also Epperson v. State, 168 Tex.Cr.R. 557 , 330 S.W.2d 445 .

Bartlett v. State

270 S.W.3d 147 · Court of Criminal Appeals of Texas · Nov 26, 2008

See Brown v. … Proc. art. 38.23(a). . 224 S.W.3d at 515 , citing Brown v. State, supra, at 801. . Atkinson v. State, supra, at 24. . Brown v. State, supra, at 801 . The two cases that the court of appeals relied upon, Bright v.

Teem v. State

79 Tex. Crim. 285 · Court of Criminal Appeals of Texas · Mar 1, 1916

The law provides for a medical board of eleven men, learned in medicine, hut no school shall have a majority on the board. (R. S., art. 5733.) This article also prescribes their otherAequisites. … Brown v. State, 73 Texas Crim. Rep., 574 ; Hughes v. State, 67 Texas Crim. Rep., 333 , 149 S. W. Rep., 173 ; Golden v. State, 66 Texas Crim. Rep., 262 , 146 S. W. Rep., 945 ; Perkins v. State,v 65 Texas Crim..

Taylor v. State

109 Tex. Crim. 323 · Court of Criminal Appeals of Texas · Mar 28, 1928

C., Sec. 2452; Brown v. State, 125 S. W. 915 . Where positive or direct proof as to want of consent is available, circumstances alone cannot be resorted to. Brown v. State, supra. … Meredith v. State, 211 S. W. 227 ; Brown v. State, supra. However, a conviction cannot stand unless the evidence relative to the want of consent is sufficient to overcome the presumption of innocence.

Ex Parte Demouchette

633 S.W.2d 879 · Court of Criminal Appeals of Texas · May 26, 1982

Brown’s examination could be used against him at the punishment stage of his capital murder trial, and that the results of the examination were so used. The issue raised here was decided in Estelle v. … Contrast Evans v. State, 614 S.W.2d 414 (Tex.Cr.App.), with Wallace v. State, 618 S.W.2d 67 (Tex.Cr.App.).

McGee v. State

121 Tex. Crim. 188 · Court of Criminal Appeals of Texas · Jun 24, 1932

Brown, said that appellant had been' in the penitentiary before, and that upon another ballot the jury stood ten for conviction and two for acquittal, and that Brown renewed his claim that appellant had been in the penitentiary … W., 370 ; Ray v. State, 35 Texas Crim. Rep., 354 , 33 S. W., 869 ; Morrison v. State, 39 Texas Crim. Rep., 519 , 47 S. W., 369 . In Ross v. State, 98 Texas Crim. Rep., 575 , 267 S.