Tucker v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

The State insists that in failing to couple the law of reasonable doubt with the appellant’s affirmative defense the trial court committed no error. The district attorney has prepared a motion, displaying research and ability, in which many precedents are cited and discussed, including Powell v. State, 13 S. W. 599, 28 Texas Crim. App. 398; Johnson v. State, 15 S. W. 647, 29 Texas Crim. App. 150. Touching these cases and others following them, the writer has expressed his views in some detail in the case of Regittano v. State, 96 Texas Crim.…