Simmons v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

In appellant’s motion he refers us to Horak v. State, 95 Tex. Crim. Rep. 474, 255 S. W. 191, as being in conflict with the conclusions announced in our original opinion. We do not understand any conflict exists. Horak’s case was reversed for a failure to submit the defensive issue of manufacture for medicinal purposes. That issue was properly submitted here. The motion contains a persuasive argument upon the facts and we are urged to hold that under the evidence the jury was not warranted in finding against appellant’s claim that he was making the…