Aguilar v. State
Court of Criminal Appeals of Texas
1ConcurrenceClinton, Judge
The opinion of the Court indicates the gravamen of objections made by appellant to the toxicologist testifying as to his opinion about identity of the substances in question is that “the chemist [lacked] personal knowledge of making the test, himself.” Maj. opinion at 28. In my judgment the trial judge had no choice but to overrule that objection, and the court of appeals was remiss in addressing, much more deciding, points of error complaining of “inadmissible hearsay.” Aguilar v. State, 850 S.W.2d 640, at 641 (Tex.App.—San Antonio 1993).1
Although the Court quickly notices that “appellant’s…