Lyles v. State

ON REHEARING.

January 17, 1912.

HARPER, Judge.

This case was reversed and remanded at a .former day of this term, and the State has filed a motion for a rehearing alleging that the court was in error in holding that the evidence of the witnesses named ought to have been admitted, tending to impeach the dying declarations. We are referred to the case of Tomerlin v. The State, 26 S. W. Rep., 676. This case has no application to the case under discussion. The evidence was not offered to impeach any declaration already introduced in evidence, but was offered as original evidence, and the court…