Court of Criminal Appeals of Texas
Timothy Lynn Hudson, Appellant v. the State of Texas, Appellee
February 22, 19841984 Tex. Crim. App. LEXIS 606
Summary
The Court of Criminal Appeals affirmed Hudson's conviction for criminal mischief, finding the evidence sufficient to support the jury's verdict on both the identification of the defendant and the ownership of the damaged telephone line. The Court held that the in‑court identification was admissible and not unduly suggestive, that the prosecution met its burden on ownership, and that the jury charge was not fundamentally defective. The Court also rejected claims of prosecutorial misconduct and improper jury instructions. Two dissenting opinions argued that the ownership evidence was insufficient and that the burden of proof was improperly shifted to the defendant.