[DOWNLOAD] "Clarence Marcel Gammage v. State Texas" by Fourth District, San Antonio No. 04-81-00096-CR Court of Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Clarence Marcel Gammage v. State Texas
- Author : Fourth District, San Antonio No. 04-81-00096-CR Court of Appeals of Texas
- Release Date : January 10, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Opinion ON STATE'S MOTION FOR REHEARING In a vigorous motion for rehearing the State asks that we reconsider our prior opinion holding that the trial court abused its discretion in ordering appellant to be tried under physical restraints. The State argues that appellant was tried with his handcuffs covered with a coat and suggests that we should not conclude that the jury saw the restraints on appellant and that he was prejudiced thereby because the appellate court is not in the same position to observe the demeanor of witnesses and the defendants as was the trial court.1 The State suggests that an appellate court may not arrive at conclusions from merely examining the record and briefs filed on appeal.
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