Legal Opinion · Dissent

L.G.R. v. State

Texas Supreme Court

Decided February 11, 1987No. C-5435Published

1DissentSpears, Justice

I respectfully dissent.

This case is reminiscent of old horror stories when an indictment was quashed because it only alleged that the defendant stomped his victim to death but did not include “with his feet” and the indictment held defective when it charged the victim was drowned by the defendant but did not say it was “in water.” I thought our system of justice had advanced further than that, but this case provides no such evidence.

I agree it is in the public interest, as well as constitutionally mandated, that a juvenile be afforded due process in a delinquency proceeding by receiving…

2Cases cited5 opinions

  1. Phillips v. StateCourt of Criminal Appeals of Texas · 1980
  2. Matter of H----S----, Jr.Court of Appeals of Texas · 1978
  3. Berkley v. StateCourt of Appeals of Texas · 1971
  4. Viall v. StateCourt of Appeals of Texas · 1967
  5. Pretre v. StateCourt of Criminal Appeals of Texas · 1929

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