Legal Opinion · Concurring in part, dissenting in part

Thomas v. United States

Court of Appeals for the Fifth Circuit

Decided June 25, 1947No. 11829Published

1Concurring in part, dissenting in partHutcheson, Circuit Judge

I concur in the reversal of the judgment as to Richard Thomas. I dissent from its affirmance as to Marie Fowler. I agree that there was sufficient evidence to take the case to the jury as to her, but, in view of the completely erroneous admission of the two judgments of conviction against Lee Lewis and of the testimony of the officers that the appellants were at or near Lee Lewis’ house, 1 cannot agree that this court may speculate on whether the admission of these judgments was prejudicial. That their admission was erroneous is clear, I think, both upon principle and authority.1 That a…

2Cases cited6 opinions

  1. Kirby v. United StatesSupreme Court of the United States · 1899
  2. Bacon v. StateCourt of Criminal Appeals of Texas · 1944
  3. Cock v. Marshall Gas Co.Court of Appeals of Texas · 1920
  4. Walding v. StateCourt of Criminal Appeals of Texas · 1938
  5. Williams v. StateCourt of Criminal Appeals of Texas · 1920

1 more not listed; retrieve them via the Exa API.

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

Powered by the Exa API