Payton v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

ODOM, Judge.

This is an appeal from a conviction for assault. V.T.C.A., Penal Code Sec. 22.-01(a)(1). Punishment was assessed by the court at six months in jail.

On original submission the conviction was affirmed in a per curiam opinion Tex.Cr.App., 563 S.W.2d 278. In one ground of error appellant complained of the trial court’s action in sua sponte excusing a venireman who was qualified to sit on the jury. On original submission the ground of error was overruled because the entire voir dire was not included in the record on appeal. By motion for…