Legal Opinion · Concurring in part, dissenting in part

Zillender v. State

Court of Criminal Appeals of Texas

Decided November 9, 1977No. 52942Published

1Concurring in part, dissenting in partDouglas, Judge

The appellant’s motion for rehearing should be overruled, but not for the reasons given by the majority. The objection that the State did not show a final conviction is not pertinent. No one contends that one who has been placed on probation has been finally convicted. If appellant had wanted to call to the court’s attention that probation had expired he should have made that objection.

His ground of error on appeal is different from the objection urged during the trial. His ground of error is:

“The trial court erred in permitting the State to impeach the defendant with evidence that he had…

2Cases cited5 opinions

  1. Bouchillon v. StateCourt of Criminal Appeals of Texas · 1976
  2. Coffey v. StateCourt of Criminal Appeals of Texas · 1973
  3. Reece v. StateCourt of Criminal Appeals of Texas · 1975
  4. Moore v. StateCourt of Criminal Appeals of Texas · 1972
  5. Smith v. StateCourt of Criminal Appeals of Texas · 1974

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