Court of Criminal Appeals of Texas

Gregory K. Hopkins, Appellant v. the State of Texas, Appellee

March 22, 19721972 Tex. Crim. App. LEXIS 2062

Summary

The Court affirmed Gregory K. Hopkins' conviction for unlawful possession of heroin, holding that the trial court did not err in refusing a mistrial despite prejudicial testimony and that limiting the psychiatrist's impeachment testimony was proper. The majority also declared the "invasion of the province of the jury" rule dead, while a concurring/dissenting opinion agreed with the judgment but rejected the absolute ban on psychiatric impeachment testimony.