Vital v. State

In Vital v. State, 523 S.W.2d 662, 664-65 (Tex. Crim. App. 1975) the Court held that: [1] irrespective of its weight, or of its probative value or cumulative character, or the issue upon which it is offered, . . . if the evidence was admissible and; [2] offered before the reading of the charge and prior to arguments; [3] unless it appears its introduction would have impeded the trial or interfered with the due and orderly administration of justice, it will be reversible error to refuse the request to reopen for its receipt." In Vital, the Court seemed to ignore the direction the case law had been heading for the previous fifty years.