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Cortez v. State

314 S.W.2d 589, 1958 Tex. Crim. App. LEXIS 4828
CourtCourt of Criminal Appeals of Texas
DecidedJune 18, 1958
Docket29767
StatusPublished
Cited by6 cases

This text of 314 S.W.2d 589 (Cortez v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cortez v. State, 314 S.W.2d 589, 1958 Tex. Crim. App. LEXIS 4828 (Tex. 1958).

Opinion

MORRISON, Presiding Judge.

The offense is passing as true a forged instrument, with two prior convictions of felonies less than capital alleged for enhancement under Article 63, Vernon’s Ann. P.C.; the punishment, life.

The State, through her district attorney, confesses error, and we agree. The indictments in the prior convictions were not introduced in evidence, and there is an absence of any showing that each of the prior convictions was subsequent in point of time to the commission of the prior offenses. Wood v. State, Tex.Cr.App., 311 S.W.2d 409, and Simpson v. State, 155 Tex.Cr.R. 228, 233 S.W.2d 584.

The judgment is reversed and the cause remanded.

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Related

State v. Simmons
422 So. 2d 138 (Supreme Court of Louisiana, 1982)
Wheat v. State
442 S.W.2d 363 (Court of Criminal Appeals of Texas, 1969)
Jones v. State
422 S.W.2d 183 (Court of Criminal Appeals of Texas, 1967)
Andrews v. State
407 S.W.2d 507 (Court of Criminal Appeals of Texas, 1966)
Haines v. State
391 S.W.2d 58 (Court of Criminal Appeals of Texas, 1965)

Cite This Page — Counsel Stack

Bluebook (online)
314 S.W.2d 589, 1958 Tex. Crim. App. LEXIS 4828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cortez-v-state-texcrimapp-1958.