Spearman v. State

ON REHEARING.

January 22, 1913.

HARPER, Judge.

— This case was affirmed at a former day of this term in an opinion by Judge Prendergast, and as I concur in his opinion he has requested that I write my views on the motion for rehearing.

Appellant in his motion raises but one question, and that is the court erred in permitting the State, in rebuttal, to prove by Mrs. Simms why she made the false statement in her depositions as to appellant’s relations with her. The question is not one entirely free of difficulty. Mrs. Simms was formerly Mrs. Spearman, and the State in making its ease proved no fact…