Wilson v. State

On this dark Wednesday the majority effectively abolishes the right of the accused to a meaningful trial by jury on defensive issues raised by the evidence.

None of the cases cited by the majority are on point; nor do they conflict with the holding on original submission in this case, as asserted by the majority.

The majority admits that the evidence did not raise the issue of mistaken identification in Ward v. State, Tex.Cr.App., 505 S.W.2d 832, and Waller v. State, 581 S.W.2d 483 (1979). In Guzman v. State, Tex.Cr. App., 567 S.W.2d 188, it was not contended on appeal that the issue had been…