Sims v. State

on motion for rehearing.

MORROW, Presiding Judge.

— In the motion for rehearing the point is made that error was committed in overruling the appellant’s bill of exception No. 3. It appears from that bill that the witness Wilhelm, having given testimony adverse to the appellant, was asked on cross-examination if he was the same Wilhelm who was arrested in San Antonio for swindling by giving a check for $78.00. The witness replied that he was arrested but not for swindling; that he was arrested for a post-dated check that he had given to Mr. Lancaster for board. He was then asked if he knew Mr.…