Whitten v. State

OPINION ON MOTION FOR REHEARING

DALLY, Judge.

On motion for rehearing the State contends that our prior cases in this troubled area of law are inconsistent and in conflict with the holding of the panel in this case. See Wilson v. State, 456 S.W.2d 941 (Tex.Cr.App.1970); compare Murray v. State, 561 S.W.2d 821 (Tex.Cr.App.1977) and Toombs v. State, 514 S.W.2d 259 (Tex.Cr.App.1974) with Williams v. State, 522 S.W.2d 483 (Tex.Cr.App.1975). The State further urges that the question presented here was left open by this Court in Walker v. State, 524 S.W.2d 712 (Tex.Cr.App.1975), and they ask us to…