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Texas Code of Criminal Procedure - Chapter 38 Evidence In Criminal ActionsLegal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Chapter 38 Evidence In Criminal Actions Sponsored LinksCreation Sec. 1. The Texas Forensic Science Commission is created. Definition Sec. 2. In this article, "forensic analysis" has the meaning assigned by Article ... All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond ... The jury, in all cases, is the exclusive judge of the facts proved, and of the weight to be given to the testimony, except where ... In ruling upon the admissibility of evidence, the judge shall not discuss or comment upon the weight of the same or its bearing in the ... (a) A conviction under Chapter 21, Section 22.011, or Section 22.021, Penal Code, is supportable on the uncorroborated testimony of the victim of the sexual ... Sec. 1. This article applies only to a hearing or proceeding in which the court determines that a child younger than 13 years of age ... Sec. 1. This article applies to a proceeding in the prosecution of an offense under any of the following provisions of the Penal Code, if ... In a proceeding in the prosecution of a criminal offense in which an inmate in the custody of the Texas Department of Criminal Justice is ... Any defendant in a criminal action shall be permitted to testify in his own behalf therein, but the failure of any defendant to so testify ... The privilege of a person's spouse not to be called as a witness for the state does not apply in any proceeding in which the ... A communication to any person involved in the treatment or examination of drug abusers by a person being treated voluntarily or being examined for admission ... No person is incompetent to testify on account of his religious opinion or for the want of any religious belief. Acts 1965, 59th Leg., vol. ... A conviction cannot be had upon the testimony of an accomplice unless corroborated by other evidence tending to connect the defendant with the offense committed; ... (a) A defendant may not be convicted of an offense under Chapter 481, Health and Safety Code, on the testimony of a person who is ... No person can be convicted of treason except upon the testimony of at least two witnesses to the same overt act, or upon his own ... Evidence shall not be admitted in a prosecution for treason as to an overt act not expressly charged in the indictment; nor shall any person ... In all cases where, by law, two witnesses, or one with corroborating circumstances, are required to authorize a conviction, if the requirement be not fulfilled, ... (a) No person may be convicted of perjury or aggravated perjury if proof that his statement is false rests solely upon the testimony of one ... In trials of forgery, it need not be proved that the defendant committed the act with intent to defraud any particular person. It shall be ... A statement of an accused may be used in evidence against him if it appears that the same was freely and voluntarily made without compulsion ... Sec. 1. In this article, a written statement of an accused means a statement signed by the accused or a statement made by the accused ... (a) No evidence obtained by an officer or other person in violation of any provisions of the Constitution or laws of the State of Texas, ... When an instrument is partly written and partly printed, the written shall control the printed portion when the two are inconsistent. Acts 1965, 59th Leg., ... It is competent to give evidence of handwriting by comparison, made by experts or by the jury. Proof by comparison only shall not be sufficient ... (a) When a motion for appointment of an interpreter is filed by any party or on motion of the court, in any criminal proceeding, it ... (a) If the court is notified by a party that the defendant is deaf and will be present at an arraignment, hearing, examining trial, or ... (a) Upon introduction and admission into evidence of a valid certificate of death wherein the time of death of the decedent has been entered by ... Sec. 1. The court shall order that a defendant who is convicted of a felony or a misdemeanor offense that is punishable by confinement in ... (a) As used herein, the term "property" means tangible personal property offered for sale or lease by a person engaged in the business of selling ... (a) In this article: (1) "Crime laboratory"' includes a public or private laboratory or other entity that conducts a forensic analysis subject to this article. ... (a) In all prosecutions for murder, the state or the defendant shall be permitted to offer testimony as to all relevant facts and circumstances surrounding ... Sec. 1. This article applies to a proceeding in the prosecution of a defendant for an offense under the following provisions of the Penal Code, ... Evidence that a person has contacted or retained an attorney is not admissible on the issue of whether the person committed a criminal offense. In ... In trials involving an allegation of a continuing scheme of fraud or theft alleged to have been committed against a large class of victims in ... (a) In a prosecution for the death of or injury to an individual who is an unborn child, the prosecution shall provide medical or other ... Sec. 1. A certificate of analysis that complies with this article is admissible in evidence on behalf of the state or the defendant to establish ... Sec. 1. A chain of custody affidavit that complies with this article is admissible in evidence on behalf of the state or the defendant to ... (a) In a criminal case in which a defendant is convicted, the attorney representing the state, a clerk, or any other officer in possession of ... An electronically preserved document has the same legal significance and admissibility as if the document had been maintained in hard-copy form. If a party opposes ... Last modified: August 11, 2007 |