Lemasters v. State

On Appellant’s Motion for Rehearing

MORRISON, Presiding Judge.

Our opinions on the State’s motion for rehearing are withdrawn.

The State called our attention to the recent case of Gross v. State, 159 Tex.Cr.R. 394, 263 S.W.2d 951. We have given the matter careful consideration and have concluded that we were in error in the Gross case, and it is hereby expressly overruled. Were we to allow the Gross case to stand, soon all charges in cases where applicable would contain such an instruction, and we have concluded that such stat*172ute was passed for the guidance of trial and appellate courts in…