Legal Opinion · Dissent

Marathon Oil Co. v. Salazar

Texas Court of Appeals, 1st District (Houston)

Decided November 15, 1984No. 01-82-0448-CVPublished

1DissentEvans, Chief Justice

In my opinion the court’s definition of “probable cause” does not, under the particular circumstances of the case, require the reversal of the trial court’s judgment and a new trial.

The court’s charge on probable cause authorized the jury, in deciding whether the appellants had made a full and fair disclosure of all material facts, to consider all facts, either known to or later discovered by the appellants, that would have affected the prosecuting authority’s decision to prosecute or to continue to prosecute the charge against the appellee. This, according to the court’s charge, would…

2Cases cited9 opinions

  1. Newspapers, Inc. v. LoveTexas Supreme Court · 1964
  2. Akin v. DahlTexas Supreme Court · 1983
  3. Texas Power & Light Co. v. HeringTexas Supreme Court · 1949
  4. Earthman's, Inc. v. EarthmanCourt of Appeals of Texas · 1975
  5. Eans v. Grocer Supply Co., Inc.Court of Appeals of Texas · 1979

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