Legal Opinion

Gutierrez v. State

Court of Criminal Appeals of Texas

Decided May 27, 1970No. 42856PublishedCited by 42 opinions

1Opinion of the Court

OPINION

DOUGLAS, Judge.

The conviction is for assault with intent to murder; the punishment, enhanced under Article 63, Vernon’s Ann.P.C., was assessed at life.

The State’s testimony reflects that without provocation appellant stabbed Hilario Martinez in the abdominal area and in the chest close to the heart with a knife at a beer tavern near Pharr. Martinez was hospitalized some eight days because of the injuries.

In the first and second grounds of error, complaint is made that the court erred in admitting certified copies of the prior convictions at the penalty stage of the trial over the…

2Cases cited5 opinions

  1. Mempa v. RhaySupreme Court of the United States · 1967
  2. Burgett v. TexasSupreme Court of the United States · 1967
  3. Holophane Co. v. United StatesSupreme Court of the United States · 1956
  4. Crawford v. StateCourt of Criminal Appeals of Texas · 1968
  5. McGowen v. StateCourt of Criminal Appeals of Texas · 1956

3Cited by42 opinions

  1. Mulder v. StateCourt of Criminal Appeals of Texas · 1986
  2. Cherry v. StateCourt of Criminal Appeals of Texas · 1972
  3. Palmer v. StateCourt of Criminal Appeals of Texas · 1972
  4. Turner v. StateCourt of Criminal Appeals of Texas · 1972
  5. Rose v. StateCourt of Criminal Appeals of Texas · 1971

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