Gill v. State

The rule of law applied by the Court in Rubio v. State, 121 Tex.Cr.R. 621, 50 S.W.2d 294 (1932), and relied on by the court of appeals, Gill v. State, 852 S.W.2d 7 (Tex.App.—Waco 1993), is well founded.1 It has *50been followed by the Court in, e.g., Hamilton v. State, 122 Tex.Cr.R. 424, 55 S.W.2d 820 (1933).2

The majority argues that “the analysis utilized by [the Rubio court] was flawed and inconsistent with more recent precedents.” Opinion at 49.3 However, none of the three cases examined in the majority opinion, at 48-49, even purport to overrule or “disavow” the rule followed in Rubio. They…