Legal Opinion · Dissent

White v. State

Court of Criminal Appeals of Texas

Decided January 16, 1957No. 28536Published

1DissentWoodley, Judge

The fact that appellant had been offered a blood test was first injected on the cross-examination of State’s Witness Burnip.

This testimony was before the jury and if there was any error in regard to its admissibility, it was waived when no motion to exclude or withdraw the answer was made. Bates v. State, 99 Tex.Cr.R. 647, 271 S.W. 389; Johnson v. State, 90 Tex. Cr.R. 229, 234 S.W. 891; Murray v. State, 136 Tex.Cr.R. 38, 122 S.W.2d 1119; Lawson v. State, 148 Tex.Cr.R. 140, 185 S.W.2d 439; Stanford v. State, 145 Tex.Cr.R. 306, 167 S.W.2d 517; Adams v. State, 158 Tex. Cr.R. 306, 255 S.W.2d 513;…

2Cases cited10 opinions

  1. Adams v. StateCourt of Criminal Appeals of Texas · 1953
  2. Kennedy v. StateCourt of Criminal Appeals of Texas · 1947
  3. Deams v. StateCourt of Criminal Appeals of Texas · 1953
  4. Parker v. StateCourt of Criminal Appeals of Texas · 1923
  5. Martin v. StateCourt of Criminal Appeals of Texas · 1952

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