Terry v. State

ON state’s motion for rehearing.

GRAVES, Judge.

The State has filed a motion for rehearing herein which has given this court much concern, with the strength of which we are much impressed.

We still adhere to our ruling in the original opinion that the answer of the witness Mrs. L. M. Terry evidences error in that it is shown therein that she had no knowledge of what constituted a felony in law, and could not therefore know whether she had been thus charged. But it is insisted that her testimony relative to an alibi for appellant was in itself vague, indefinite and inconclusive; that the same…