428 S.W.2d 383
Decided May 8, 1968
Court of Appeals of Texas · decided 1968-05-08
Good law ✅— No negative treatment on recordhow we know
Decided 1968-05-08
Cited by 3 later decisions — most recently December 1996
3 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.
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¶1(concurring).
¶2The rule that admissibility of admissions of a party is to be determined as of the time made rather than at the time they are offered in evidence, as held in the cases cited by the Court, has been sharply criticized. See McCormick and Ray, Texas Law of Evidence, Sec. 1122, Texas Law Review, Vol. 36, p. 517. I believe this criticism to be sound. This Court, however, has no authority to change the rule.
¶3I concur in the opinion of the Court.