Ball v. State

ON MOTION FOR REHEARING

LATTIMORE, Judge.

— Appellant renews complaint of the admission of Clapper’s testimony “I think he said he was in the whisky business,” while speaking of what appellant said of himself. In the original opinion it is intimated that in view of the fact that the undisputed testimony showed that appellant and two others unlawfully transported whisky on the day of the homicide, the harm of Clapper’s statement, if any, would be negligible. Appellant insists in his motion that the proof of transportation not showing that as much as a quart was so transported, — there was no…