Legal Opinion

Shaffer v. State

Court of Criminal Appeals of Texas

Decided February 23, 1971No. 44183PublishedCited by 71 opinions

1Opinion of the Court

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for burglary with intent to commit theft. Trial was before a jury, with punishment assessed by the court at five years, which was probated.

Appellant raises two grounds of error, both of which concern the principle of collateral estoppel.

Prior to trial, appellant filed an unsworn “Motion to Dismiss” in which he alleged that he had previously been tried and acquitted of the offense of misdemeanor theft in County Criminal Court No. 4 and no evidence was offered on such motion. He contended that the element of intent in the theft case and…

2Cases cited23 opinions

  1. Ashe v. SwensonSupreme Court of the United States · 1970
  2. Benton v. MarylandSupreme Court of the United States · 1969
  3. Douglas v. AlabamaSupreme Court of the United States · 1965
  4. Henry v. MississippiSupreme Court of the United States · 1965
  5. Staub v. City of BaxleySupreme Court of the United States · 1958

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

3Cited by71 opinions

  1. Hill v. StateCourt of Criminal Appeals of Texas · 2002
  2. Hutchins v. State, Texas Court of Appeals, 3rd District (Austin)1999
  3. Murray v. State, Texas Court of Appeals, 10th District (Waco)2000
  4. Ward v. StateCourt of Criminal Appeals of Texas · 1975
  5. State v. Lara, Texas Court of Appeals, 13th District1996

66 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