Tomlin v. State

DAVIDSON, Judge,

(dissenting).

*113Appellant’s motion for rehearing is overruled without written opinion by a majority of this court.

I am convinced that appellant was deprived of his constitutional right under Art. 1, Sec. 10, of the Constitution of this state, to be confronted by the witnesses against him and that the proof of prior convictions by hearsay testimony violated that constitutional guarantee and constituted a denial of due process under the Fourteenth Amendment to the Constitution of the United States.

My views upon the subject are fully stated in my dissenting opinion in the case of Davis v. State, 167 Tex. Cr. R. 524, 321 S. W. 2d 873.