400 SW2D 766 - Crowe v. State

How this case has been cited

Cited by 6 later decisions — most recently June 1997

6 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.

¶1ON APPELLANT’S MOTION FOR REHEARING

MORRISON, Judge.

¶2By brief and in argument counsel complains that we failed to distinguish the case at bar from Sample v. State, 158 Tex.Cr.R. 200, 254 S.W.2d 401. We shall now do so. In Sample the accused was compelled to answer repeated questions about his prior marriages and divorces. An objection was interposed prior to any answer being given; the objection was overruled, and the court refused to instruct the jury to disregard such matters. In the case at bar appellant’s objection to the argument was sustained, and the jury was instructed not to consider the same. In Sample the jury was led to believe, by the court’s ruling, that the questions and answers were proper and relevant to appellant’s guilt. In the case at bar they were told the opposite.

¶3These factors, in addition to those set forth in our original opinion, sufficiently distinguish the two cases.

¶4Remaining convinced that we properly disposed of this appeal originally, appellant’s motion for rehearing is overruled.