Boutwell v. State

Whether Coleman v. State, 632 S.W.2d 616 (Tex.Cr.App.1982), was correct in concluding that a ground of error contained in a “supplemental brief” was not properly before the Court for review is a moot question.1 By citing former Article 40.09, V.A.C.C.P., and Kalmback v. State, 481 S.W.2d 151 (Tex.Cr.App.1972), the Court indicates that its decision is derived from former appellate procedure prescribed in §§ 9, 10, 11, 12 and 13, before that “noble experiment” was terminated September 1, 1981, by Acts 1981, 67th Leg. Ch. 291, p. 804, § 108, S.B. 265.2 Whatever the rule, with *182demise of that…