Franklin v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

ODOM, Judge.

This is an appeal from a conviction for capital murder in which the punishment, following the jury’s affirmative answers to questions submitted under Art. 37.071, V.A. C.C.P., was fixed at death. Trial was held in Nueces County on a change of venue from Bexar County.

Appellant’s motion for leave to file motion for rehearing was granted in this case so that this Court could reconsider his 19th, 20th and 21st grounds of error, in which complaint is raised to the trial court’s rulings allowing the state to cross-examine him regarding his…