Opinion

Walker v. State

108 Tex. Crim. 194 · Court of Criminal Appeals of Texas · Jun 22, 1927

Full text

Bernard Walker v. the State

Opinions in this case

BETHEA, Judge. The appellant was convicted of automobile theft, and his punishment assessed at two years in the penitentiary. The appellant’s defense was an alibi, and, in connection therewith, he filed an application for a suspended sentence. The issues and facts in this case are the same as in the companion case, No. 11001, Charles Walker, which was this day reversed by this co.urt in an opinion written by Judge Baker. What we have said in the companion case applies with equal force to the instant case. The judgment of the trial court is reversed and the cause remanded. Reversed and remanded. The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

Metadata

Status: Published
Author: Bethea
Judges: Lattimore, Bethea, Hawkins
Cluster ID: 4147605

Citations

108 Tex. Crim. 194
1927 Tex. Crim. App. LEXIS 645
108 Tex. Crim. 190
1927 Tex. Crim. App. LEXIS 642
299 S.W. 414
299 S.W. 417

Cited by

Reich, Todd Allen
Court of Appeals of Texas · Aug 20, 2015
Angelita Rodriguez Pacheco v. State
Tex. App. Ct., 3rd Dist. (Austin) · Jul 28, 2015
Rodger Eugene Mansfield, Jr. v. State
Tex. App. Ct., 14th Dist. (Houston) · Jul 29, 2008
Leday v. State
Court of Criminal Appeals of Texas · Dec 16, 1998
Trevino v. State
Court of Criminal Appeals of Texas · Feb 21, 1979
Baker v. State
Court of Criminal Appeals of Texas · Feb 26, 1975
Herring v. State
Court of Criminal Appeals of Texas · Apr 2, 1969
Brumfield v. State
Court of Criminal Appeals of Texas · Mar 19, 1969
Langford v. State
Court of Criminal Appeals of Texas · Oct 18, 1933
Allen v. State
Court of Criminal Appeals of Texas · Oct 9, 1929

Parentheticals

reasoning that because the defendant had been absent from the county, he could have been convicted of a felony during one of his absences; thus the defendant was not entitled to a jury charge on community supervision
Rodger Eugene Mansfield, Jr. v. State
when defendant did not testify, evidence was insufficient to prove he had never been convicted of felony
Leday v. State
“We must not lose sight of the fact that the burden of showing himself entitled to a suspended sentence rests upon the ac- cused; that is, that he must satisfy the jury that he has not been con- victed of a felony in this or any other state prior to the instant trial.”
Reich, Todd Allen