Scott v. State

The majority holds that although the decision to reopen a case is in the sound discretion of the trial court, it is an abuse of discretion to refuse to reopen under Article 36.02, V.A.C.C.P., whenever a motion is made and the witness is present regardless of the circumstances surrounding the court’s decision.

In the instant case the court adjourned at 4:10 p. m. on November 10, 1975, both sides having closed. The following morning appellant filed a written motion to reopen which stated that an alibi witness had surfaced and that she would be used both to establish appellant’s alibi and to…