Ex Parte Black

DISSENTING OPINION ON MOTION FOR REHEARING

MORRISON, Judge.

My brethren overruled the petitioner’s motion for rehearing without written opinion. Upon further examination of the record I have concluded that we were in error and must therefore dissent, even if it is belated.

In our original opinion we overlooked Burgett v. Texas, 389 U.S. 109, 88 S.Ct. 258, 19 L.Ed.2d 319. Burgett offered no defense and the only harm he was able to show was that four prior void convictions which were alleged in the indictment were read to the jury. This petitioner, at the habeas corpus hearing, offered no defense…