Stewart v. State

I respectfully dissent to the majority’s disposition of points of error five and six. It is uncontradicted the trial judge made some comments to the jury panel while the defendant and his attorney were out of the courtroom. It is also uncontradicted those remarks were not taken down by the court reporter and consequently could not be included in the record. The majority acknowledges both of these facts.

Under point of error five the majority recognizes both our holding in Weber v. State, 829 S.W.2d 394 (Tex.App.—Beaumont 1992, no pet.), and that of Miller v. State, 692 S.W.2d 88, 91…