OPINION ON APPELLANT’S MOTION FOR REHEARING '
ONION, Presiding Judge.On original submission this conviction for possession of heroin was affirmed with the punishment being assessed at life imprisonment as a result of two prior felony convictions alleged and proved. See Y.T.C.A., Penal Code, § 12.42(d). The panel of this court to which this cause was submitted was divided on the proper disposition of appellant’s last ground of error dealing with the prosecutor’s reference in jury argument to the presumption of sanity. In the opinion disposing of all the grounds of error, it was held that the presumption of sanity exists and the prosecutor therefore did not err in using it in his argument to the jury. A concurring opinion took the view that the presumption of sanity does not exist but that the reference to such in jury argument in the context in which it was used was harmless error. A dissenting opinion took the same view that the presumption of sanity does not exist but concluded that it was harmful to argue it to the jury.
We granted the motion for rehearing so that appellant’s last ground of error could be considered by the court en banc.
Appellant’s last ground of error submitted in question form reads:
“Did the trial court err in refusing to direct a verdict of acquittal on the issue of insanity and in improperly placing too great a burden upon the accused on that issue through his rulings?”
In addition to being improperly framed in question form, the ground of error is multifarious and not in accordance with Article 40.09, § 9, Y.A.C.C.P. Nevertheless, the panel to whom this cause was submitted, viewed the ground of error, as a contention that the court erred in permitting the prosecutor in his argument to the jury to make reference to the presumption of sanity where the defense of insanity had been interposed. •
After consideration and study, we conclude en banc that the original concurring and dissenting opinions were correct in stating there is no presumption of sanity.1 We conclude further that the prosecutor *118erred in making reference to such presumption in his jury argument, but the error was harmless error under all the circumstances. We adopt the original concurring opinion as the opinion of the court en banc in disposing of appellant’s last ground of error.
Appellant urged on original submission that the trial court erred in refusing to grant his motion for instructed verdict of not guilty. This contention does not appear to have been considered or discussed on original submission. On rehearing appellant re-urges the contention arguing that he had established his defense of insanity as a matter of law because the State produced no evidence in rebuttal.
Appellant called Dr. Manuel Hernandez, a psychiatrist, who testified that he examined appellant for an hour and a half and concluded that appellant was insane on the date of the alleged offense. He related there had been no psychological testing. In rebuttal the State called Dr. Joseph Hor-nisher, a psychiatrist, who had been practicing medicine and psychiatry for fifty years. Hornisher testified that he could not diagnose whether a person was insane according to the standard set by law in an hour and a half examination without any psychological testing, etc. He admitted he had not examined the appellant and did not express an opinion as to his sanity. It is obvious the State called Dr. Hornisher in an effort to weaken the opinion testimony of Dr. Hernandez.
Appellant argues that only Dr. Hernandez testified that he (appellant) was insane, and since Dr. Hornisher had not examined appellant and expressed no opinion as to his sanity, Dr. Hernandez’s testimony was undisputed establishing insanity at the time of the commission as a matter of law.
Insanity is an affirmative defense, V.T. C.A., Penal Code, § 8.01, and the burden of proof of such defense is on the defendant by a preponderance of evidence and the State is not required to negate the existence of such an affirmative defense. V.T. C.A, Penal Code, § 2.04.
Appellant overlooks the fact that the jury is the exclusive judge of the facts, the credibility of the witnesses and the weight to be given their testimony. See Articles 36.13 and 38.04, V.A.C.C.P.; Miller v. State, 566 S.W.2d 614 (Tex.Cr.App.1978). Even though Dr. Hernandez was the only witness to testify as to appellant’s sanity or insanity, the jury was not required to believe him. The jury may accept or reject any or all of the testimony of any witness. Preston v. State, 457 S.W.2d 279 (Tex.Cr.App.1970); Baldwin v. State, 538 S.W.2d 615 (Tex.Cr.App.1976).
The defense of insanity was not established as a matter of law, and the court did not err in overruling the motion for instructed verdict. See Graham v. State, 566 S.W.2d 941 (Tex.Cr.App.1978).
Appellant’s motion for rehearing is overruled.
DOUGLAS and ROBERTS, JJ., concur.. We see no need to repeat what was said in those opinions in support of such conclusion.