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779 S.W.2d 459

Christopher v. State

Texas Court of Appeals, 5th District (Dallas) · decided 1989-11-22

Cited by 3 later decisions — most recently July 1994

3 state decisions

Relies on Nichols v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-11-22

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LAGARDE, Justice,

¶1concurring and dissenting.

¶2(July 5, 1989)

¶3I concur in the result reached by Justice Whittington in cause number 05-88-00974-CR; however, I dissent as to the results in cause numbers 05-88-00975-CR and 05-88-00976-CR. I conclude that it is a reasonable deduction from the evidence that all the property found in Christopher’s pos*463session was deposited by Officer Allen with Detective Bird; that Bird thereafter called the other two complainants, just as he called Moore, and that those complainants likewise retrieved their property from Detective Bird. Therefore, even assuming, arguendo, that the State was required to meet the test set out in Nichols v. State, 479 S.W.2d 277, 278 (Tex.Crim.App.1972), I conclude that the evidence was sufficient for a rational trier of fact to find Christopher guilty beyond a reasonable doubt, excluding every other reasonable hypothesis raised by the evidence. I would affirm in all three cases.

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