O'Neal v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

In the indictment filed January 27, 1926, it was charged that Jack O’Neal, on the 10th day of January, 1926, in Harris County, ravished Gladys Spivey. On the trial, the appellant tendered as a witness in his behalf Raymond Gillaspy. To the competency of Gillaspy as a witness in behalf of the appellant, the state interposed an objection on the ground that Gillaspy was charged by indictment with the same offense, and in support thereof introduced an indictment by the grand jury of Harris County charging that in that county on the 10th day of…