Summary
In Plunkett v. State, 591 S.W.2d 907 (Tex.Cr.App. No. 55,078), also decided this date, the Court ignores errors in the charge as a whole, limiting its review to the part that applies the law to the facts.
Summary of this case from Jackson v. StateOpinion
No. 55078.
January 23, 1980.
Appeal from 29th Judicial District, Palo Pinto County; Herman Fitts, judge.
Ronald Aultman and Jerry J. Loftin, Fort Worth, for appellant.
Robert J. Glasgow, Dist. Atty., William L. Martin, Jr., Asst. Dist. Atty., Stephenville, and Robert Huttash, State's Atty., Austin, for the State.
For original opinion, see 580 S.W.2d 815.
ON APPELLANT'S MOTION FOR REHEARING
To the denial of the motion for rehearing, I dissent for the reasons stated in my dissenting opinion in Jackson v. State, 591 S.W.2d 820 (Tex.Cr.App.), decided this date.
ODOM and PHILLIPS, JJ., join in this opinion.
CLINTON, J., not participating.