Kenneth Leroy Mcintire v. State Texas

By way of motion for rehearing appellant now assails the remedy granted in our opinion on original submission. Specifically he contends that "the action of the trial court in denying a hearing on the motion [for new trial]. amounts to a constraint or curtailment of the Appellants absolute right to a full, free and fair presentation of the evidence in support of the motion which was clearly prohibited in [Jackson v. State, 167 Tex. Crim. 34, 318 S.W.2d 98 (Tex.Cr.App. 1958)]." On this basis he contends he should be granted, not merely a belated hearing on his motion for new trial, but the new trial itself.