Brown v. State

OPINION ON REMAND FROM THE UNITED STATES SUPREME COURT

McCORMICK, Judge.

This Court’s original opinion and judgment, Brown v. State, 617 S.W.2d 196 (Tex.Cr.App.1981), were reversed by the Supreme Court of the United States, Texas v. Brown, - U.S. -, 103 S.Ct. 1535, 75 L.Ed.2d 502 (1983), and the case was remanded for further proceedings.

Appellant now raises two questions and asks that they be resolved:

1. Did this Court rely on the United States Constitution in its decision, or did it look to Article I, Section 9 of the Texas Constitution?

2. If the Court did in fact base its decision on the…