Legal Opinion

Porter v. State

Court of Criminal Appeals of Texas

Decided November 21, 1979No. 59794Published

1Opinion

STATE’S MOTION FOR REHEARING

DOUGLAS, Judge.

The majority reversed the conviction because the court did not instruct the jury to find that appellant “intentionally” or “knowingly” committed the robbery.

No facts are set out in the opinion. The majority uses two paragraphs applying the law to the facts of the court’s charge and reverses. It does not consider the charge as a whole; it does not consider the record as a whole, and it does not consider Article 36.-*55519, V.A.C.C.P., which provides in substance that no case shall be reversed unless error in the court’s charge is harmful. Article 36.19,…

2Cases cited21 opinions

  1. Gant v. StateCourt of Criminal Appeals of Texas · 1980
  2. Jackson v. StateCourt of Criminal Appeals of Texas · 1979
  3. Peterson v. StateCourt of Criminal Appeals of Texas · 1974
  4. Smith v. StateCourt of Criminal Appeals of Texas · 1976
  5. McCary v. StateCourt of Criminal Appeals of Texas · 1972

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