Gandy v. State

On Appellee’s Motion for Rehearing.

The appellee, State of Texas, has filed its motion for rehearing, praying that our decision above be set aside and that the judgment of the trial court be affirmed. In the alternative, it prays that, if the judgment be reversed, the cause be remanded to the trial court with instructions to enter the judgment asked for by appellant in the trial court, thus granting to appel-lee the right and opportunity to present its motion for new trial to the trial court. It points out that it desires to present evidence and authorities on such motion for *379new trial on the…