Court of Criminal Appeals of Texas· 10/20/1982
Phillips v. State
Citations
- 640 S.W.2d 293
- 1982 Tex. Crim. App. LEXIS 1076
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that evidence that defendant failed to perform promise is insufficient evidence of deception
- holding that evidence that defendant failed to perform promise is insufficient evidence of deception
- holding that absent any evidence of deception by false impression of law or fact, contractor who failed tp perform contract to build home addition was not guilty of theft bjit merely failure to perform the contract
- holding evidence legally insufficient to show criminal intent to commit theft when contractor received down payment and failed to perform anything under agreement because no evidence showed deception by contractor
- \The only evidence presented was appellant's failure to perform... which ... is not sufficient to prove deception.\
- absent any evidence of deception by false impression of law or fact, contractor who failed to perform contract to build home addition was not guilty of theft, but merely a failure to perform the contract
Source: CourtListener parenthetical corpus (CC0).
Judges: Onion, Odom, Davis
Read full opinion on CourtListenerCited by
49 cases in this archive cite this case; the 20 most cited are listed.
- Christensen v. StateTex. App. Ct., 1st Dist. (Houston)· 2007-12-05· cited 90×
- Baker v. StateTex. App. Ct., 6th Dist. (Texarkana)· 1998-12-30· cited 72×
- Jacobs v. StateTex. App. Ct., 14th Dist. (Houston)· 2006-07-27· cited 62×
- Wilson v. StateCourt of Criminal Appeals of Texas· 1984-02-01· cited 48×
- Billy R. Higginbotham, Jr. v. StateTex. App. Ct., 6th Dist. (Texarkana)· 2011-12-14· cited 47×
- Ehrhardt v. StateTex. App. Ct., 6th Dist. (Texarkana)· 2011-02-25· cited 37×
- Taylor, Henry Jr.Court of Criminal Appeals of Texas· 2014-12-10· cited 36×
- Ellis v. StateTex. App. Ct., 1st Dist. (Houston)· 1994-05-12· cited 32×
- Roper v. StateCourt of Appeals of Texas· 1996-02-21· cited 30×
- Bruce Randol Merryman v. StateTex. App. Ct., 4th Dist. (San Antonio)· 2012-11-30· cited 24×
- Miller v. StateWyoming Supreme Court· 1987-02-13· cited 23×
- Commonwealth v. TrueMassachusetts Appeals Court· 1983-10-14· cited 19×
- Phares v. StateTex. App. Ct., 9th Dist. (Beaumont)· 2009-11-12· cited 17×
- McElroy v. StateTex. App. Ct., 5th Dist. (Dallas)· 1984-01-23· cited 14×
- Lopez v. StateTex. App. Ct., 11th Dist. (Eastland)· 2010-05-13· cited 12×
- State v. NealMissouri Court of Appeals· 1984-10-10· cited 7×
- Johnson v. StateCourt of Appeals of Texas· 2016-12-08· cited 7×
- Henke v. StateTex. App. Ct., 13th Dist.· 1987-04-16· cited 6×
- Henry Taylor, Jr. v. StateTex. App. Ct., 6th Dist. (Texarkana)· 2013-12-13· cited 4×
- Donna Gayle Holcomb v. StateTex. App. Ct., 1st Dist. (Houston)· 2014-08-28· cited 2×
Cites
1 case in this archive is cited by this case.
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