Legal Opinion

Spears v. State

Court of Criminal Appeals of Texas

Decided January 11, 1922No. 6586Published

Appeal from the District Court of El Paso. Tried below before the Honorable W. D. Howe. Appeal from a conviction of robbery by firearms; penalty, fifteen years imprisonment in the penitentiary. The opinion states the case.

1Opinion

ON REHEARING.

February 8, 1922.

LATTIMORE, Judge.

—This court’s only purpose in what may be said regarding the procedure had in any case, is that its ruling in the particular case may be understood, and that such procedure, if erroneous, may be avoided in future trials of the same or other cases. We tried to say in our opinion herein that the accused has a right to be heard by counsel to present his objection to any proceeding had on his trial, and that he may not be compelled to wait until a witness giving objectionable evidence, has finished his testimony, before presenting to the court his…

2Cases cited5 opinions

  1. Blain v. StateCourt of Criminal Appeals of Texas · 1894
  2. Baker v. StateCourt of Criminal Appeals of Texas · 1903
  3. White v. StateCourt of Criminal Appeals of Texas · 1910
  4. Trinkle v. StateCourt of Criminal Appeals of Texas · 1920
  5. Watson v. StateCourt of Criminal Appeals of Texas · 1920

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