Court of Criminal Appeals of Texas

Douglas Daniel, Appellant v. the State of Texas, Appellee

February 21, 19791979 Tex. Crim. App. LEXIS 1272

Summary

The Court reversed and remanded the murder conviction, holding that the State's Exhibit 41—an out‑of‑state conviction—was inadmissible because the trial court failed to establish the appellant's identity as the person convicted in Louisiana. The Court also held that the appellate court lacks authority to order a new sentencing hearing alone. Justice Dally dissented, arguing the exhibits sufficiently identified the appellant and the judgment should not have been reversed.