Doyle v. State

The majority errs in reversing this case and in failing to overrule the per se rule of fundamental error allegedly announced in Harris v. State, 522 S.W.2d 199 (Tex.Cr.App.1975), and followed so unquestioningly since Williams v. State, 547 S.W.2d 18 (Tex.Cr.App.1977). Harris, and the cases cited therein, graphically illustrate that the case at bar is not in fact controlled by an “age old principle of law” as the majority asserts, but instead is being reversed on the basis of *745an ill-founded distortion of that “age old principle” that is of recent vintage.

In Harris v. State, supra, the Court…