Legal Opinion

Faulder v. State

Court of Criminal Appeals of Texas

Decided July 2, 1980No. 60554Published

1Opinion

ON APPELLANT’S MOTION FOR REHEARING

2ConcurrenceDally, Judge

The appellant’s motion for leave to file his motion for rehearing was granted, but the motion for rehearing is now being overruled without written opinion. I concur in the overruling of the motion for rehearing, but I will take this opportunity to explain my view expressed in my short concurring opinion on original submission.

Article V, Sec. 26 of the Texas Constitution provides:

“The State shall have no right of appeal in criminal cases.”

Article 44.01, V.A.C.C.P. provides:

“The State shall have no right of appeal in criminal actions.”

Do these provisions…

3Cases cited12 opinions

  1. Durham v. United StatesSupreme Court of the United States · 1971
  2. State Ex Rel. Vance v. RouttCourt of Criminal Appeals of Texas · 1978
  3. Luckett v. TownsendTexas Supreme Court · 1848
  4. State of Texas v. DesilvaTexas Supreme Court · 1912
  5. White v. StateCourt of Criminal Appeals of Texas · 1976

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