Flowers v. State

ON MOTION FOR REHEARING.

GRAVES, Judge.

*473It is urged by appellant that in our original opinion herein, we were in error in holding that appellant waived his right to have the jury instructed relative to a suspension of sentence in the event of a conviction. He insists that such a failure is a fundamental error and one that can be raised for the first time in a motion for a rehearing in this appellate court. We cannot agree that a failure to object to the trial court’s charge is a fundamental error. To hold such would obliterate the provisions of Art. 658 and 666, C. C. P., as set forth in our…