MORRISON v. STATE

No. 10-90-062-CR.

815 S.W.2d 766 (1991)

Steven MORRISON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

Discretionary Review Granted November 21, 1991.


Attorney(s) appearing for the Case

Anna K. Hanna, College Station, for appellant.

Bill R. Turner, Dist. Atty., James W. Locke, Asst. Dist. Atty., Bryan, for appellee.

Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.


OPINION

THOMAS, Chief Justice.

The issue is whether jurors should be allowed to pose written questions to witnesses during a criminal trial. Although not banning the practice entirely, we find an abuse of discretion and harm when the court allowed the prosecution to use a juror's question, which was never asked of a witness, to gain an unfair advantage in the trial. Accordingly, the judgment assessing Appellant a fifty-year sentence for murder is reversed...

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