Anders v. State

OPINION

I concur in the result reached, but feel compelled to explain my position in so doing, particularly in the event of a retrial. The majority reverses this case upon the rule stated in 24 Tex.Jur.2d, Evidence, Sec. 745, p. 427,1 which was cited by this court in Ysasaga v. State, 444 S.W. 2d 305 (No. 42,067). This rule, as I understand, has application only where the circumstantial evidence relied upon by the State is obviously weak. In applying this rule in the case at bar the majority does so without any mention or discussion of the incriminating oral statement by the appellant which…