TaiLexi AI U.S. Case Law

Potter v. State

Dave Potter v. the State

Potter v. State, 128 S.W.2d 817 (Tex. Crim. App. 1939)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Criminal Appeals of Texas · State Highest Courts
Decided
May 24, 1939
Docket
No. 20427.
Judges
Christian
Citations
128 S.W.2d 817137 Tex. Crim. 1591939 Tex. Crim. App. LEXIS 349
Summary
The opinion states the case.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Christian

CHRISTIAN, Judge.

Conviction for a misdemeanor; punishment being assessed at a fine of $500.

The complaint and information embraced averments showing a prior conviction. The penalty was enhanced under the provisions of Art. 61, P. C. The State introduced in evidence a certified copy of a judgment of conviction in which the name of the person convicted was Dave Potter. There was a failure to make other proof of the identity of the appellant as the person who committed the offense charged in the prior conviction. The mere recital in a certified copy of the judgment is not sufficient to prove the identity of the accused. McCann v. State, 60 S. W. (2d) 451 , and authorities cited.

The judgment is reversed and the cause remanded.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1946: 12015: 119462026peak 1946 · 1

Relies on it most ⓘ

  1. Phariss v. State194 S.W.2d 1007 (Tex. Crim. App. 1946)
  2. Hilton, Luke WayneNo. PD-0899-15 (Tex. App. Aug. 19, 2015)

Most recent

  1. Hilton, Luke WayneNo. PD-0899-15 (Tex. App. Aug. 19, 2015)
  2. Phariss v. State194 S.W.2d 1007 (Tex. Crim. App. 1946)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
McCann v. State, 60 S.W.2d 451 (Tex. Crim. App. 1933) 4

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list