Hougham v. State

Without any doubt two witnesses violated “the rule” since they conversed with each other about the case without permission of the court. Article 36.06, Y.A.C.C.P. Nevertheless the majority is “unable to state that appellant was unduly prejudiced and harmed ... in that the mother’s testimony did not contradict the testimony of the police officer witness.... ” With deference, though it does indeed appear in the opinion relied on, what the majority calls a “second criteria” is not the one to be applied here. However, because the implicit finding of the majority is that the trial court did not…