Gibbs v. State

DAVIDSON, Judge

(dissenting).

The majority of the court overrule appellant’s motion for rehearing without written opinion.

My brother Morrison affirms this conviction upon one theory. My brother Woodley affirms the conviction upon another and different theory.

I do not agree that this case should have been affirmed at all, because appellant’s constitutional right to be confronted by the witnesses against him was openly and flagrantly violated in proving by hearsay testimony the alleged prior convictions, proof of which was necessary to authorize the infliction of the punishment of confinement in the penitentiary for life.

The conviction should be reversed. Preservation of constitutional guarantees so requires.

My views upon that subject are fully set forth in my dissenting opinions in the cases of Davis v. State, 167 Tex. Cr. R. 524, 321 S.W. 2d 873; Robertson v. State, 168 Tex. Cr. R. 35, 322 S.W. 2d 620; and Tennison v. State, 168 Tex. Cr. R. 354, 327 S.W. 2d 575.

I dissent.