Harris v. State

OPINION ON STATE’S MOTION FOR REHEARING

MILLER, Judge.

This is a request for rehearing of this Court’s opinion (See, page 207). On original submission, this Court held that reversible trial error occurred when the trial court permitted the jury to separate after the charge had been read. See Art. 35.23, V.A. C.C.P. We held that the provisions of Art. 35.23, id,., were mandatory, and a presumption of harm attached once appellant established in the record that he had not consented. We then reversed the conviction because the State had failed to rebut this presumption. In its motion for rehearing,…