Wagner v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

CLINTON, Judge.

We granted rehearing in order to reexamine the last two contentions raised by appellant and discussed in a panel opinion on original submission, viz: that evidence of appellant’s physical condition at the time of the offense should have been admitted on the issue of intent, and that an unqualified reputation witness was allowed to testify at the punishment hearing.

In his bill of exceptions appellant introduced an electroencephalograph report and skull x-rays of appellant dated June 20, 1978, approximately three months prior to the…