Castillo v. State (1976)

In Castillo v. State, 530 S.W.2d 952 (Tex. Crim. App. 1976), after the State's chief witness had testified, the trial court learned that the indictment had not been read and that the accused had not entered his plea. The trial court permitted the State to read the indictment, to which the accused entered his plea. Defense counsel objected to the reading of the indictment on the ground that it was being read to the jury after the jury had been impaneled and had heard evidence. Defense counsel also moved for a mistrial, which the trial court overruled. The defendant was found guilty and appealed. The Court of Criminal Appeals stated that after the indictment was read and the accused pleaded thereto, "it was incumbent on the State to re-introduce the testimony. . . unless the defendant stipulated to the evidence. In the case before us there was no such stipulation by the appellant." Castillo, 530 S.W.2d at 954. The Court further stated, "However, in the absence of an objection directing the court to the correct procedure, we hold that the error was not preserved, under the circumstances here presented." Id.