Davison v. State

On State’s Motion for Rehearing

MORRISON, Presiding Judge.

In a scholarly motion for rehearing and in argument presented by Jim Bowie of the District Attorney’s staff, the State has helped the writer reappraise the holding in Taylor v. State, 151 Tex.Cr.R. 568, 209 S.W.2d 191, relied upon by the majority on original submission. In the original opinion in Taylor, the Court held that the question of revocation or suspension was not a matter for the jury’s consideration and therefore that it was not proper for the court to mention the same in his charge.

On rehearing, the Court made the…