Legal Opinion · Concurrence

Phelps v. State

Court of Criminal Appeals of Texas

Decided December 16, 1970No. 43568Published

1ConcurrenceMorrison, Judge

Appellant relies upon Wiley v. State, 168 Tex.Cr.R. 187, 324 S.W.2d 862, and states that the purpose for which this robbery was committed is tantamount to the future robberies contemplated in Wiley. I do not agree. The robberies planned in Wiley are clearly recognizable to a Texas jury as offenses against the law. The purchase of arms in Canada is not. Even a lawyer is baffled as to whether or,not the purchase of arms in Canada violates any Texas statute.

2Cases cited1 opinion

  1. Wiley v. StateCourt of Criminal Appeals of Texas · 1959