Legal Opinion · Dissent

Faulder v. State

Court of Criminal Appeals of Texas

Decided July 2, 1980No. 60554Published

1DissentClinton, Judge

The determination by the Constitutional Convention of 1875 to take from the State its right of appeal in criminal cases and impose a constitutional prohibition against an appeal by the State in such cases was made in light of historical experiences with a variety of treatments prescribed by preceding constitutions and laws. Thus, as one researcher has reported:1

“The Texas experience began with the Constitution of the Republic of Mexico, which charged the General Congress with the duty of prescribing court procedure in criminal matters. The 1836 Constitution of the Republic of Texas merely…

2Cases cited11 opinions

  1. Fay v. NoiaSupreme Court of the United States · 1963
  2. Ross v. MoffittSupreme Court of the United States · 1974
  3. Texas v. WhiteSupreme Court of the United States · 1869
  4. Maud, Tax Collector v. Terrell, ComptrollerTexas Supreme Court · 1918
  5. Twitchell v. CommonwealthSupreme Court of the United States · 1869

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