Legal Opinion · Dissent

McIntire v. State

Court of Criminal Appeals of Texas

Decided June 26, 1968No. 41318Published

1DissentWoodley, Presiding Judge

The “explicit objections” referred to in the majority opinion are set out in paragraph 6 of the appellant’s objections to the court’s charge filed November 7, 1967, at 12:33 P.M.

“Defendant objects to the failure of the court’s charge to instruct the jury that the State is bound by the exculpatory testimony of the defendant in the Bird trial introduced by the State in evidence in this trial and to instruct the jury that the exculpatory testimony must be beyond a reasonable doubt disproved by the State and that the jury cannot look to the testimony of the accomplice for disproof of the…

2Cases cited4 opinions

  1. Dixon v. StateCourt of Criminal Appeals of Texas · 1935
  2. Trevenio v. StateCourt of Criminal Appeals of Texas · 1905
  3. Wormley v. StateCourt of Criminal Appeals of Texas · 1963
  4. Anderson v. StateCourt of Criminal Appeals of Texas · 1913

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