Legal Opinion · Dissent

Norris v. State

Court of Criminal Appeals of Texas

Decided April 24, 1957No. 28,789Published

1DissentWoodley, Judge

There are several principles of law applicable to this appeal which do not appear to have been applied by the majority.

Proof of the conspiracy charged in the indictment between the accused and any one or more of the persons with whom he is alleged to have conspired is sufficient. Echols v. State, 133 Texas Cr. Rep. 121, 109 S.W. 2d 190; Wilkirson v. State, 107 Texas Cr. Rep. 247, 296 S.W. 558.

Where it is alleged that more than two parties entered into the conspiracy, the allegation of the name of one not shown to be a party thereto may be rejected as surplusage. Woodworth v. State, 20 Texas…

2Cases cited5 opinions

  1. Burow, Jr. v. StateCourt of Criminal Appeals of Texas · 1919
  2. Whitehead v. StateCourt of Criminal Appeals of Texas · 1945
  3. Caldarera v. StateCourt of Criminal Appeals of Texas · 1931
  4. Wilkirson v. StateCourt of Criminal Appeals of Texas · 1927
  5. Echols v. StateCourt of Criminal Appeals of Texas · 1937

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