(Download) "Curtis Paul Harris v. State Texas" by First District, Houston Court of Appeals of Texas ~ Book PDF Kindle ePub Free
eBook details
- Title: Curtis Paul Harris v. State Texas
- Author : First District, Houston Court of Appeals of Texas
- Release Date : January 11, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
This is a request for rehearing of this Courts opinion in Harris v. State, S.W.2d (Tex.Cr.App. No. 69,224, delivered September 24, 1986). On original submission, this Court held that reversible trial error occurred when the trial court permitted the jury to separate after the charge had been read. See Art. 35.23, V.A.C.C.P. We held that the provisions of Art. 35.23, id., were mandatory, and a presumption of harm attached once appellant established in the record that he had not consented. We then reversed the conviction because the State had failed to rebut this presumption. In its motion for rehearing, the State contends that the record shows that the presumption of harm was rebutted, We will grant the States motion for rehearing, overrule that point of error concerning the jury separation issue, and address the remaining points of error not disposed of on original submission. We will affirm the conviction.