Legal Opinion · Dissent

Walker v. State

Court of Criminal Appeals of Texas

Decided October 8, 1980No. 63019Published

1DissentDouglas, Judge

The majority reverses the conviction because the prosecutor asked a question which the court instructed the jury not to consider. A prior judgment in the incest case was introduced. This was a case used for enhancement. There was no objection that it was an improper question to a reputation witness. Nothing is presented for review.

Evidence that the victim of appellant’s incest was the wife of the deceased would have been admissible in showing the prior relationship between appellant and the deceased under V.T.C.A., Penal Code, Section 19.06.

Appellant raised that relationship by offering…

2Cases cited5 opinions

  1. Norman v. StateCourt of Criminal Appeals of Texas · 1975
  2. Knox v. StateCourt of Criminal Appeals of Texas · 1972
  3. Ruiz v. StateCourt of Criminal Appeals of Texas · 1975
  4. Fairris v. StateCourt of Criminal Appeals of Texas · 1974
  5. Keener v. StateCourt of Criminal Appeals of Texas · 1957

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