Apodaca v. State

Court of Criminal Appeals of Texas

Decided October 30, 1940

Court of Criminal Appeals of Texas · decided 1940-10-30

<p>The opinion states the case.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1940-10-30

How this case has been cited

Cited by 18 later decisions — most recently November 2015

18 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1 ON STATE'S MOTION FOR REHEARING.

HAWKINS, Presiding Judge.

¶2 The State has filed an able motion for rehearing challenging the correctness of the conclusions announced in our original opinion.

¶3 We have re-examined the record in the light of the State’s motion, and are inclined to adhere to the conclusions heretofore announced.

¶4 We think the safer policy to be adherence to the construction and application of Section 10, Article 1 of our Constitution already given effect in our long-established precedents.

¶5 We are not inclined to enlarge upon accepted exemptions from the application of said provision of the Constitution.

¶6 The motion for rehearing is overruled.