Court of Criminal Appeals of Texas

Jay L. Murphy, Appellant v. the State of Texas, Appellee

October 27, 19821982 Tex. Crim. App. LEXIS 1098

Summary

The Court of Criminal Appeals held that the trial court did not err in refusing a jury instruction under Article 38.23 because no factual issue on the legality of the search was raised, and therefore reversed the Court of Appeals' reversal of the conviction. The matter was remanded for the Court of Appeals to consider any remaining errors.