Legal Opinion · Dissent

Els v. State

Court of Criminal Appeals of Texas

Decided June 25, 1975No. 49072Published

1DissentRoberts, Judge

The majority reverses this conviction because the State “injected” the issue of appellant’s character into the case.

As noted in the majority opinion the witness Stribling testified that she knew the appellant; that he visited in her home; that he helped her to do “anything I asked him to do; ” that she had never known the appellant to beat up her daughter (the deceased) or use any force or violence on the deceased; and that she had never known the appellant “to threaten to kill her or harm” the deceased.

I would hold that these statements by the witness placed her testimony within the rule of…

2Cases cited22 opinions

  1. Martin v. StateCourt of Criminal Appeals of Texas · 1972
  2. Tezeno v. StateCourt of Criminal Appeals of Texas · 1972
  3. Guzman v. StateCourt of Criminal Appeals of Texas · 1975
  4. Terry v. StateCourt of Criminal Appeals of Texas · 1973
  5. Childs v. StateCourt of Criminal Appeals of Texas · 1973

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