From Casetext: Smarter Legal Research

Russaw v. State

Court of Criminal Appeals of Texas, Panel No. 3
Nov 24, 1982
662 S.W.2d 1 (Tex. Crim. App. 1982)

Opinion

No. 65911.

November 24, 1982.

Appeal from 178th Judicial District, Harris County; C.V. Milburn, Special Judge.

Before ONION, P.J., and DALLY and McCORMICK, JJ.


OPINION


Appellant was convicted of aggravated robbery and punishment, enhanced by a prior felony conviction, was assessed at confinement for life. Appellant does not challenge the sufficiency of the evidence to support his conviction.

In a supplemental brief filed by counsel and in a pro se brief, appellant contends that the court's charge is fundamentally defective as in Evans v. State, 606 S.W.2d 880 (Tex.Cr.App. 1980). Although I believe Evans was wrongly decided, a majority of this Court, to which I must unwillingly bow, has recently decided that Evans is founded upon "sound logical reasoning" and is the law in this State. Hill v. State, 640 S.W.2d 879 (1982). For the reasons expressed in my dissenting opinion in Hill v. State, supra, I would overrule this ground of error. However, in view of Hill v. State, supra, and the majority's rule therein, this ground of error is sustained.

The judgment is reversed and the cause remanded for a new trial.


Summaries of

Russaw v. State

Court of Criminal Appeals of Texas, Panel No. 3
Nov 24, 1982
662 S.W.2d 1 (Tex. Crim. App. 1982)
Case details for

Russaw v. State

Case Details

Full title:Aubrey Leonard RUSSAW, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas, Panel No. 3

Date published: Nov 24, 1982

Citations

662 S.W.2d 1 (Tex. Crim. App. 1982)