Court of Criminal Appeals of Texas

Emilio Gutierrez Casias, Appellant v. the State of Texas, Appellee

April 1, 19701970 Tex. Crim. App. LEXIS 1255

Summary

The Court of Criminal Appeals of Texas affirmed Emilio Gutierrez Casias's robbery conviction and the 40‑year sentence imposed at his second trial. It held that the circumstantial evidence and the defendant's confession were sufficient to prove corpus delicti, that the confession was admissible despite references to drug addiction and the defendant's low intelligence, and that the increased sentence on retrial did not violate North Carolina v. Pearce. The Court also rejected the appellant's objections to jury instructions on extraneous offenses and mental capacity.