Moore v. State

ON STATE’S MOTION FOR REHEARING

MORRISON, Judge.

We remain convinced that this case must be reversed because of the admission of the evidence relating to the extraneous Impala incident.

The majority has reconsidered Bill of Exception No. 9 and has concluded that while it certifies reversible error, in fact no error is shown because the record contains the jury argument, and it shows that timely objection was not made. We refuse to be bound by the Court’s certification of error in the formal bill of exception where the record reflects the contrary. Free v. State, 165 Tex.Cr.R. 374, 307 S.W.2d…