Farris v. State

The first question posed by the Court need not be answered since the second disposes of the cause. See Lewis v. State, 711 S.W.2d 41 (Tex.Cr.App.1986). But since it is, I find a different answer.

Without any doubt Duncan v. Evans, 658 S.W.2d 38 (Tex.Cr.App.1983), says exactly what the majority opinion paraphrases. However, nearly every statement of law of any significance in an appellate opinion must be considered in context of the issue was being decided and that which is not implicated. In Duncan v. Evans, supra, this Court framed an issue it felt called on to address, viz:

“What authority is…