Hext v. State

On Motion for Behearing.

MOBBOW, P. J.

Jones, the sheriff, was permitted to testify that, after the appellant’s arrest and while he was in jail, he had a conversation with the said Jones in. which he said that he had not purchased any strychnine at Spur on the evening of the 29th of May, 1924. He said that he did not purchase any strychnine; that he had not been in the drug store for some two or three weeks; that he had purchased no strychnine from Jack Slayton. On the former appeal, the opinion was expressed that this testimony was not admissible. See 271 S. W. 81, 100 Tex. Cr. R. 27. It was…