Hyman v. State

ON MOTION FOR REHEARING.

MORRISON, Judge.

In our original opinion herein, we held that, since the ques*437tions shown in Bill of Exception No. 1 were answered as they were, no error was shown. We remain convinced that we were correct in such holding.

In Jones v. State, 112 Tex. Cr. R. 625, 17 S. W. (2d) 1059, a liquor law violation case, a witness was asked:

“You said you drink and I ask you if it isn’t a fact that you don’t want to see anybody who sells whisky and retails it, if you don’t want to see him stay here instead of going to the penitentiary?”

The witness answered:

“No sir, I believe in the…