Atkins v. State

OPINION ON MOTION TO REINSTATE THE APPEAL AND ON REHEARING

MORRISON, Judge.

It has now been shown that sentence was imposed and the appeal is reinstated.

Our prior opinion on motion to reinstate the appeal is withdrawn, and the following substituted in lieu thereof.

Trial was had before the Court without the intervention of a jury, and in such cases it will be presumed that the Court ignored any inadmissible evidence. See cases collated in our opinion in Garrett v. State, 165 Tex.Cr.R. 328, 307 S.W.2d 270. It is also presumed that the Court ignored improper remarks or argument of State’s counsel.…