Legal Opinion · Dissent

Hernandez v. State

Court of Criminal Appeals of Texas

Decided June 11, 1980No. 58360Published

1DissentDally, Judge

The majority reverse the judgment of conviction in this case because State’s Exhibit 7 (a pen packet) was admitted in evidence. State’s Exhibit 7 contained several documents, one of which it is argued was inadmissible. I dissent to the holding of the majority because the trial objection was insufficient to apprise the trial court of the document to which objection was made.

Unquestionably the exhibit was for the most part admissible. When evidence is admitted a part of which is admissible and a part of which is not, it is incumbent on the party objecting to the admissibility of the evidence to…

2Cases cited5 opinions

  1. Brown & Root, Inc. v. HaddadTexas Supreme Court · 1944
  2. Smith v. RiviereCourt of Appeals of Texas · 1952
  3. Panhandle & S. F. Ry. Co. v. CowanCourt of Appeals of Texas · 1922
  4. Schriewer v. LiedtkeCourt of Appeals of Texas · 1978
  5. Crook v. MaloneCourt of Appeals of Texas · 1978

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