(DOWNLOAD) "Andrew Lee Mitchell v. State Texas" by 915 The Texas Court of Criminal Appeals NO. 68 # eBook PDF Kindle ePub Free
eBook details
- Title: Andrew Lee Mitchell v. State Texas
- Author : 915 The Texas Court of Criminal Appeals NO. 68
- Release Date : January 15, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
SAM HOUSTON CLINTON, Judge Opinion DISSENTING TO DENIAL OF APPELLANT'S MOTION FOR LEAVE TO FILE A MOTION FOR REHEARING In May v. State, 618 S.W.2d 333 (Tex.Cr.App. 1981), according to the opinion of the Court, a majority rejected the assertion that the provisions of Art. 38.14, [V.A.C.C.P.] are applicable to the extraneous offenses offered in evidence at the punishment stage of a capital murder case, id., at 341. The Court concluded: We hold that evidence offered to prove the special issues of Art. 37.071, supra, is not included within the provisions of Art. 38.14, supra. Therefore, the 'yes' answers to the special issues of Art. 37.071, supra, are supportable on the relevant accomplice witnesses' testimony concerning the appellant's prior criminal conduct and the court did not err in failing to submit an 'accomplice witness' charge at the punishment stage of the trial. Id., at 343. [Emphasis added]
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