Brewer v. State

Unlike the majority I would reach the matter of right to counsel under Article I, § 10 of the Texas Bill of Rights. Conform-ably with proper procedure for appellate review, in a separate and distinct ground of error, Article 40.09, § 9, V.A.C.C.P., appellant has asserted a violation of his State constitutional rights, urging that the Court construe § 10 so as to protect fully “the right of a defendant to communicate with his attorney without intrusions by prosecuting officials.”.

There are decisions of the Court — predating Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963)…