Legal Opinion · Dissent

Phillips v. State

Court of Criminal Appeals of Texas

Decided October 24, 1979No. 56071Published

1DissentClinton, Judge

I also dissent. While I do not particularly disagree with the views expressed by Judge Odom in his dissenting opinion, rather than enter into the squabble about the meaning and applicability of V.T.C.A. Penal Code, Section 1.061 and what the Legislature could have said but did not, it is enough for me that before there was a guiding statute relative to mistreatment of males this Court held that the word “child” applied “only to boys under the age of 14”2 and, when the Legislature did address the subject, it indicated agreement, albeit obliquely.3

The perplexity nagging the majority— the…

2Cases cited4 opinions

  1. Daywood v. StateCourt of Criminal Appeals of Texas · 1952
  2. Ross v. MorrowTexas Supreme Court · 1892
  3. Pate v. ThompsonCourt of Appeals of Texas · 1944
  4. Wilman v. StateCourt of Criminal Appeals of Texas · 1911

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

Powered by the Exa API