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162 Tex. Crim. 153

Posey v. State

Court of Criminal Appeals of Texas

Decided October 26, 1955

Court of Criminal Appeals of Texas · decided 1955-10-26

Cited by 3 later decisions — most recently May 1971

3 state decisions

Relies on 160 Tex. Crim. 414 - Fitzgerald v. State · State v. Lenzi

Good law ✅— No negative treatment on recordhow we know

Decided 1955-10-26

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MORRISON, Presiding Judge,

¶1dissenting.

¶2In Fitzgerald v. State, 160 Texas Cr. R. 414, 271 S.W. 2d 428, we upheld a conviction for robbery where the accused robbed the jailer of the jail keys and took them with him when he escaped.

¶3As I view the evidence before us here, the jury was authorized to conclude that the appellant intended to effect his escape and, further, that he intended to appropriate the officer’s pistol to his own use. State v. Lenzi (Wash.), 4 P. 2d 827.

¶4I respectfully enter my dissent.

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