Legal Opinion

Polk v. State

Texas Court of Appeals, 5th District (Dallas)

Decided February 12, 1986No. 05-85-00461-CRPublishedCited by 2 opinions

1Opinion of the Court

HOWELL, Justice.

Appellant was convicted of murder by a jury and sentenced to ninety-nine years imprisonment. The trial court entered a finding in the judgment that appellant had used or exhibited a deadly weapon in the commission of the offense. Appellant brings forward four grounds of error. We find no error warranting reversal but do find error requiring that the judgment be modified. As modified the judgment is affirmed.

The principal witness at trial was Benny Funderburk, a friend of the deceased and his family. Funderburk was at deceased’s house on the day of the killing. Deceased sold…

2Cases cited14 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Neil v. BiggersSupreme Court of the United States · 1972
  3. Stovall v. DennoSupreme Court of the United States · 1967
  4. Manson v. BrathwaiteSupreme Court of the United States · 1977
  5. Carlsen v. StateCourt of Criminal Appeals of Texas · 1983

9 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Franco Gamboa v. State, Texas Court of Appeals, 14th District (Houston)2007
  2. Nancy Ochoa A/K/A Lilian Hernandez v. State, Texas Court of Appeals, 13th District2001

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