Stalzer v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

In his motion for rehearing the appellant stresses the circumstances portrayed by Bill of Exceptions No. 2, which were in substance that while the witness Bebout, a deputy sheriff, was testifying upon behalf of the State touching the arrest of the appellant, and after he had testified to finding the buried alcohol, he was asked the condition of the car that was nearby, to which question objection was addressed to the effect that the condition of the car was not material and that the inquiry sought to adduce prejudicial evidence. The court…