Morris v. State

ON APPELLANT’S MOTION FOR REHEARING

DAVIDSON, Judge.

Appellant insists that he was entitled to have the jury instructed in accordance with the provisions of Art. 1257a, Penal Code, and that we erred in reaching a contrary conclusion.

In Wheeler v. State, 156 Tex. Cr. Rep. 140, 239 S. W. 2d 105, we held that it was no longer error to instruct the jury in accordance therewith and that such a charge was proper, and in reaching that conclusion expressly overruled the cases of Hill v. State, 130 Tex. Cr. R. 585, 95 S. W. 2d 106; Jamison v. State, 141 Tex. Cr. R. 349, 148 S. W. 2d 405; Riles v. State,…