Phillips v. State
Cases that cite this one
16 later published cases cite this decision.
- Beard v. State (Tex. Crim. App. 1957)
- West v. State (Tex. App. 1987)
- TATES, ELIJAH v. the State of Texas (Tex. Crim. App. 2025)
- Jeffery Martinez v. State (Tex. App. 2016)
- Irving Magana Garcia v. State (Tex. App. 2013)
- Luis Martin Gonzalez v. State (Tex. App. 2010)
- Coons v. State (Tex. App. 1988)
- Escarcega v. State (Tex. App. 1986)
- Araiza v. State (Tex. App. 1983)
- Mares v. State (Tex. Crim. App. 1978)
- Willis v. State (Tex. Crim. App. 1960)
- HUGHES, DARREN TRAMELL v. the State of Texas (Tex. Crim. App. 2024)
- Bakari Abdul Brown v. State (Tex. App. 2016)
- Melissa Ann Munoz v. State (Tex. App. 2015)
- Michael Highfill v. State (Tex. App. 2001)
- Michael Highfill v. State (Tex. App. 2001)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
The offense is assault with intent to rape; the punishment, two years.
Our able State’s Attorney has confessed error herein. By bill of exception No. 2 it is shown that the appellant was not present when his motion for new trial was *776 overruled,, that he was in- jail, and that he did not waive his right to be present at the proceedings. His presence is requisite under such circumstances. Article 580, V.A.C.C.P.; Henderson v. State, 137 Tex.Cr.R. 18, 127 S.W.2d 902; Manual of Reversible Errors in Texas Criminal Cases, Sec. 362, p. 350.
The trial court attempted to qualify the bill, but an exception to such qualification was reserved over the Judge’s signature which destroyed the qualification, and we are bound by the bill as originally submitted. Lovett v. State, 154 Tex.Cr.R. 483, 228 S.W.2d 855, and Palmer v. State, 154 Tex.Cr.R. 251, 226 S.W.2d 634.
Because of the, error reflected by the bill, the judgment is reversed and the cause remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.