Jones v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

Appellant urges that we were in error in disposing of the matter complained of in Bill of Exception No. 3. We do not re-state the question involved, but for an understanding of it, refer to our original opinion. It is claimed that the case of Godwin v. State, 39 Texas Crim. Rep., 404, does not support the conclusion announced, but that the evidence there complained of is shown to have been admissible as a declaration of the defendant made under circumstances which rendered it available to the state. We are inclined to agree with the appellant in such…