Legal Opinion · Dissent

Wade v. State

Court of Criminal Appeals of Texas

Decided February 9, 1955No. 27,356Published

1DissentDavidson, Judge

My brethren hold the facts sufficient to show that appellant committed the crime of theft by false pretext. To this conclusion I cannot agree.

I dissent for two reasons: The first is an abiding conviction that no man should be condemned to penal servitude until the state has proven him guilty. This the state has not here done, and if this appellant goes to the penitentiary under this record it will be without his guilt having been established in accordance with law. The second reason is my conclusion that the majority opinion overrules, without justification or reason, a long line of…

2Cases cited13 opinions

  1. McCain v. StateCourt of Criminal Appeals of Texas · 1942
  2. Flagg v. StateCourt of Criminal Appeals of Texas · 1907
  3. Nichols v. StateCourt of Criminal Appeals of Texas · 1937
  4. Alvarez v. StateCourt of Criminal Appeals of Texas · 1928
  5. Riggs, Alias Jones v. StateCourt of Criminal Appeals of Texas · 1934

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