Brown v. State

OPINION ON REMAND

BAKER, Justice.

We deny the State’s first and second motions for rehearing. We withdraw our opinion of September 10, 1992. The following is now the Court’s opinion. We reverse the trial court’s judgment. We remand the cause for a new trial.

OPINION ON STATE’S FIRST MOTION FOR REHEARING

On original submission we assumed, without deciding, that after the trial began, the trial court erred by permitting the State to amend the indictment over appellant’s objection. However, we held the court’s error subject to a harm analysis. See Tex.R.App.P. 81(b)(2); Brown v. State, 800 S.W.2d…