James v. State

OPINION

ON STATE’S MOTION FOR REHEARING

WOODLEY, Presiding Judge.

On original submission we cited Choice v. State, 164 Tex.Cr.R. 224, 298 S.W.2d 148, and Burrows v. State, 128 Tex.Cr.R. 349, 81 S.W.2d 523, as authority for holding that an objection to a portion of the court’s charge on the ground that it was a comment upon the weight of the evidence complies with the requirement that the defendant or his counsel shall present his objections to *515the charge “in writing distinctly specifying each ground of objection.”

A reading of the opinions in these cases will reveal that the sufficiency of the…