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532 S.W.2d 328

Gassett v. State

Court of Criminal Appeals of Texas

Decided January 21, 1976

Court of Criminal Appeals of Texas · decided 1976-01-21

Good law ✅— No negative treatment on recordhow we know

Decided 1976-01-21

How this case has been cited

Cited by 14 later decisions — most recently March 1996

14 state decisions

80197619801990decided

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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MORRISON, Judge

¶1(dissenting).

¶2I dissent to my brother Roberts’ opinion reversing this conviction on the basis of an incomplete predicate under Sec. 3 of Article 3737e, V.T.C.A.

¶3The testimony showed that the witness had personal knowledge of the existence of a terminal in Odessa and the entry into N.C.I.C. records of all arrests in Odessa. He testified that Dallas County also had a N.C.I.C. computer terminal and the printout he received that morning was created in the normal course of business. He stated that he had searched the records in the district attorney’s office in Dallas County of all complaints in criminal actions filed in Dallas County since 1920. He also searched the records in the identification division of the Dallas County Sheriff’s Office, where records are communicated on persons who are arrested anywhere in the country. Without stating what had been said, he testified that he had contacted the police department and records bureau in Clovis, New Mexico. On the basis of this testimony, the witness stated he had no knowledge of any arrests for the deceased.

¶4*332Under these circumstances, the failure to prove that arrests are entered in N.C.I.C. records in the regular course of business in Clovis, New Mexico, was harmless error.

¶5The judgment should be affirmed.

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