Brumfield v. State

ON STATE’S MOTION FOR REHEARING

ONION, Judge.

At appellant’s trial for driving a motor vehicle while intoxicated he voluntarily took the stand on the issue of guilt. After the jury verdict he was recalled by the State, over objection, for further cross-examination at the penalty stage of the trial before the same jury. On original submission we determined that such action constituted reversible error.

The State vigorously urges reconsideration of the result reached on original submission. In view of the vast importance of this decision to all cases tried under the bifurcated trial system…