Martinets v. State

The majority of the court has overruled the appellant’s motion for rehearing without written opinion. I am convinced we were in error on original submission. I now dissent.

I adopt the following portion of the proposed opinion of Commissioner Dally prepared for the court after oral argument on the motion for rehearing as my opinion in this cause:

“By brief and in oral argument on the motion for rehearing the appellant insists that the facts of this case are indistinguishable from those in Rangel v. State, [Tex.Cr.App.] 464 S.W.2d 858, and that to be consistent with the holding in Elder v.…