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eBook details

• Title: Russell Bailey v. State Texas
• Author : Seventh District, Amarillo Court of Appeals of Texas
• Release Date : January 30, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Appellant Russell Bailey brings this appeal from his conviction for delivery of a controlled substance and the resultant jury-assessed punishment of forty-five (45) years in the Department of Corrections. In seven points, appellant says the trial court erred in (1) denying his motion for mistrial when the prosecutor, in closing argument at the punishment phase, encouraged the jury to speculate about testimony which the witness Glenn Osborn would have given if he had been allowed to do so; (2) in overruling his motion to discover the identification of the informant; (3) in overruling his objection to hearsay statements made by the witness Glenda Humphreys at a time when the evidence was insufficient to show the existence of a conspiracy between appellant and that witness; (4) in overruling his objections to Humphreys statements since she was not called as a trial witness which denied appellant of his right to be confronted by, and cross-examine, witnesses against him; (5) by permitting testimony about the number of times heroin of the purity delivered by appellant could be cut; (6) in denying his motion for mistrial because the prosecutor elicited testimony about the danger of undercover police work without first approaching the bench as required in appellants motion in limine number two granted by the trial court; and (7) in denying his motion for mistrial when the prosecutor inquired of the witness Bonifacio Esquivel whether appellant "had performed as a cooperating individual for the State." We affirm the judgment of the trial court.

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