Eaves v. State

ON STATE’S MOTION FOR REHEARING

WOODLEY, Presiding Judge.

The state’s motion for rehearing suggests that this Court “now chooses to base its opinion upon the fact that a number of legislative bodies have found such legislation popular and a lesser number of Supreme Courts have found these statutes to be constitutional.”

To clarify our decision herein we direct attention to the opinion prepared by the writer on appellant’s motion for rehearing in Rowland v. State, 166 Tex. Cr. R. 118, 311 S.W. 2d 831, 836, which was the majority holding at the time it was handed down and is now re-affirmed.

Upon…