Legal Opinion · Dissent

Fowler v. State

Court of Criminal Appeals of Texas

Decided January 10, 1962No. 34012Published

1DissentWoodley, Presiding Judge

*606The testimony of Dr. Cullen was clearly admissible. Root v. State, 169 Tex. Cr. Rep. 382, 334 S.W. 2d 154; Boyle v. State, 158 Tex. Cr. R. 468, 256 S.W. 2d 574; 6 Tex. Jur. 2d 318, Sec. 87.

Whether the victim of the assault was a pedestrian or an occupant of a vehicle would not alter the rule that evidence as to the nature and extent of the injuries inflicted on the assaulted person is admissible regardless of the nature of the charge of aggravated assault contained in the indictment.

Where the state relies upon negligence, the extent of the injuries is admissible under the above rule and also…

2Cases cited2 opinions

  1. Root v. StateCourt of Criminal Appeals of Texas · 1960
  2. Boyle v. StateCourt of Criminal Appeals of Texas · 1953

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API