Caraway v. State

OPINION ON MOTION FOR REHEARING

ONION, Judge.

Appellant in his motion for rehearing, as pointed out in our original opinion that might be done, seeks to raise two other grounds of error which we shall, under the circumstances, consider. Article 40.09, Section 13, Vernon’s Ann.C.C.P.

Appellant now contends that the trial court erred by its refusal to allow the appellant personally to make an opening statement in violation of Article 36.01, Section 5, V.A.C.C.P.

*161Article 36.01, Section 5, supra, provides as follows:

“The nature of the defenses relied upon and the facts expected to he proved in their…