Legal Opinion · Dissent

Frazier v. State

Court of Criminal Appeals of Texas

Decided June 11, 1980No. 61365Published

1DissentOdom, Judge

This case should not be reversed. It is true that Craig Valashek, Assistant Probation Officer for Wichita County, was testifying to facts of which he had no personal knowledge but which were obviously evi*273denced by notations in appellant’s file. His testimony was therefore hearsay. Such testimony would be subject to the rule excluding hearsay from consideration as evidence, a rule which has been applied to probation revocation hearings. Maden v. State, 542 S.W.2d 189, 192 (Tex.Cr.App.). However, there was no objection to the State’s attempt to introduce appellant’s probation records through…

2Cases cited27 opinions

  1. Henry v. PhillipsTexas Supreme Court · 1912
  2. Cherb v. StateCourt of Criminal Appeals of Texas · 1971
  3. Davenport v. StateCourt of Criminal Appeals of Texas · 1978
  4. Reynolds v. StateCourt of Criminal Appeals of Texas · 1972
  5. Hulsey v. StateCourt of Criminal Appeals of Texas · 1969

22 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API