Skillern v. State

I reluctantly agree that these death penalty convictions must be reversed because of the improper separation of the' jurors and the failure of the State to rebut the presumption of harm that arises. I feel that a better explanation is necessary so that the action of the court will be better understood by the bench and bar, the news media, the public and all concerned. I think it should be made plain that the reversal is predicated upon the violation of a mandatory statute, Article 35.23, Vernon’s Ann.C. C.P., a statute not even mentioned in the majority opinion.

Courts have for a long time had…