Tolston v. State

on rehearing.

February 21, 1923.

HAWKINS, Judge.

The State files a motion for rehearing citing as the only authority our opinion in this case on a former appeal which is reported in 88 Texas Crim. Rep., 269, 225 S. W. Rep., 1098. In the present opinion we undertook to point out the distinction between the question propounded upon the instant trial and in the former.

The motion is overruled.

Overruled.