Landers v. State

OPINION ON STATE’S MOTION FOR REHEARING

DOUGLAS, Judge.

The State’s motion for rehearing is granted. We affirm.

Article 1, Section 10 of the Texas Constitution provides that an accused in criminal cases “shall have the right of being heard by himself or counsel, or both.” The opinion on original submission misconstrues this provision and obliterates the well established distinction between the right to be heard and the right to counsel.

The Constitution should be interpreted in light of conditions existing at the time of its adoption. Mumme v. Marrs, 120 Tex. *276383, 40 S.W.2d 31 (1931). See…