Legal Opinion · Dissent

Bosworth v. State

Court of Criminal Appeals of Texas

Decided March 13, 1974No. 47746Published

1DissentOnion, Presiding Judge

“We must not be guilty of taking the law into our own hands, and converting it from what it really is to what we think it ought to be.” Coleridge, C. J., R 1-Ramsey (1883) 1 C. & A. 126, 136.

Since the Court of Criminal Appeals, as presently constituted, has recently been sharply divided over the proper interpretation to be given to Article 26.13, Vernon’s Ann.C.C.P., and since the majority opinion in the instant case holds, in effect, that the trial court now need not inquire whether the guilty plea was prompted by either “delusive hope of pardon” or “persuasion” as required by statute, it…

2Cases cited54 opinions

  1. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  2. Vasquez v. StateCourt of Criminal Appeals of Texas · 1972
  3. Ex Parte BattenfieldCourt of Criminal Appeals of Texas · 1971
  4. Espinosa v. StateCourt of Criminal Appeals of Texas · 1973
  5. Williams v. StateCourt of Criminal Appeals of Texas · 1967

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