Legal Opinion · Dissent

Cook v. State

Court of Criminal Appeals of Texas

Decided March 10, 1965No. 37686Published

1DissentWoodley, Judge

Under the authority cited, the appellant was entitled to inspect the document used in the jury’s presence to refresh the memory of the witness, or to lay a predicate for impeachment, at the time of his request.

That appellant was permitted to see the grand jury testimony of the Witness Dahl long after his lengthy examination was completed, and after other witnesses had testified and the state was ready to close, without any further request or demand for such inspection was not a compliance with the rule followed as recently as February 17, 1965, in Walton v. State, Tex.Cr.App., 386 S.W.2d 805,…

2Cases cited1 opinion

  1. Walton v. StateCourt of Criminal Appeals of Texas · 1965

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