McClure v. State

The new code of criminal procedure recognized, acknowledged and confirmed the authority and power of this Court to consider “any unassigned error which in the opinion of the Court of Criminal Appeals should be reviewed in the interest of justice.” 1 Article 40.09, § 13, V.A.C.C.P.

Early on the Court affirmed that it could review as “unassigned error” a claim not otherwise properly raised when “the facts relating to such claim are before us in the statement of facts approved by the trial judge,” Estrada v. State, 406 S.W.2d 448, 449 (Tex.Cr.App.1966), especially if deprivation of a…