Legal Opinion

Morgan v. State

Court of Criminal Appeals of Texas

Decided July 2, 1974No. 48585PublishedCited by 43 opinions

1Opinion of the Court

OPINION

JACKSON, Commissioner.

The conviction was for cattle theft; the punishment, assessed by the jury, four (4) years.

In his sole ground of error, appellant complains that the trial court committed reversible error at the punishment stage of the trial by admitting into evidence testimony concerning a previous conviction of the appellant in the absence of proper evidence that the conviction testified to was a valid and final conviction. We agree.

During the punishment stage of the trial, the State introduced into evidence a prior Oklahoma judgment of conviction for cattle theft. DeWayne Cates,…

2Cases cited5 opinions

  1. Ames v. StateCourt of Criminal Appeals of Texas · 1973
  2. White v. StateCourt of Criminal Appeals of Texas · 1961
  3. Gilmore v. StateCourt of Criminal Appeals of Texas · 1973
  4. Horn v. StateCourt of Criminal Appeals of Texas · 1931
  5. Scott v. StateCourt of Criminal Appeals of Texas · 1971

3Cited by43 opinions

  1. McNew v. StateCourt of Criminal Appeals of Texas · 1978
  2. Perez v. State, Texas Court of Appeals, 3rd District (Austin)1997
  3. Thompson v. StateCourt of Criminal Appeals of Texas · 1978
  4. Langston v. StateCourt of Criminal Appeals of Texas · 1989
  5. Young v. State, Texas Court of Appeals, 5th District (Dallas)1988

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