Patterson v. State

ON STATE’S MOTION FOR REHEARING

McDONALD, Presiding Judge.

We have carefully reviewed our opinion in this cause in view of the forceful motion filed herein by the State. True, the facts in the Offerle v. State case, 123 S.W. 2d 350, are different from the case at bar. Judge Christian wrote the opinion for the Court in Offerle’s case and cited with approval Bowlin v. State, 93 Tex.Cr.R. 452, 248 S.W. 396. The holding in Bowlin was : “It is always permissible for counsel for either side to comment on the failure of the opposing side to call witnesses which may throw light upon the transaction…