Texas Constitution:Article I, Section 5: Difference between revisions

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* ''Ramirez v. State'', 264 S.W.2d 99, [https://scholar.google.com/scholar_case?case=4273965640812252416#p100 100] (Tex.Crim.App. 1953) ("From the letter in evidence it was evident that the appellant had in 1949 belonged to an organization from which the jury might reasonably conclude that he in fact did not believe in a Supreme Being. Under the state of this record, the evidence disclosed by the letter had no relevancy to the offense for which the appellant was being charged but was admitted solely for the purpose of impeaching the witness. Section 5 of Article 1 of the Constitution of Texas, Vernon's Ann. St., provides that no person . . . . The State has made no effort to justify this obvious error. The judgment is reversed and the cause remanded.")
* ''Ramirez v. State'', 264 S.W.2d 99, [https://scholar.google.com/scholar_case?case=4273965640812252416#p100 100] (Tex.Crim.App. 1953) ("From the letter in evidence it was evident that the appellant had in 1949 belonged to an organization from which the jury might reasonably conclude that he in fact did not believe in a Supreme Being. Under the state of this record, the evidence disclosed by the letter had no relevancy to the offense for which the appellant was being charged but was admitted solely for the purpose of impeaching the witness. Section 5 of Article 1 of the Constitution of Texas, Vernon's Ann. St., provides that no person . . . . The State has made no effort to justify this obvious error. The judgment is reversed and the cause remanded.")


* ''Santillian v. State'', 182 S.W.2d 812, [https://texaslegalguide.com/images/182_S.W.2d_812.pdf#page=4 815] (Tex.Crim.App. 1944) ("Therefore a child who could never be 'convicted of a crime in any court' is not amenable to the pains and penalties of perjury, and therefore could not testify in any court. If such were true, then the result would be to deny to such child the equal protection of the laws, as guaranteed in the 14th Amendment to the Federal Constitution. If the child were hurt in an accident, with no witness save the child, it would have no protection under the law. Again, on the criminal side, in cases of rape under the age of consent, the female could not be heard to testify, she being not punishable under the law of perjury.")
* ''Santillian v. State'', 182 S.W.2d 812, [https://texaslegalguide.com/images/182_SW2_812.pdf#page=4 815] (Tex.Crim.App. 1944) ("Therefore a child who could never be 'convicted of a crime in any court' is not amenable to the pains and penalties of perjury, and therefore could not testify in any court. If such were true, then the result would be to deny to such child the equal protection of the laws, as guaranteed in the 14th Amendment to the Federal Constitution. If the child were hurt in an accident, with no witness save the child, it would have no protection under the law. Again, on the criminal side, in cases of rape under the age of consent, the female could not be heard to testify, she being not punishable under the law of perjury.")


|seo_title=Article I, Section 5 of the Texas Constitution ("Witnesses Not Disqualified by Religious Beliefs; Oaths and Affirmations")
|seo_title=Article I, Section 5 of the Texas Constitution ("Witnesses Not Disqualified by Religious Beliefs; Oaths and Affirmations")

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