Spicer v. State

*446ON MOTION FOR REHEARING.

LATTIMORE, Judge.

— The first ground of appellant’s motion is that we misstated his objection to paragraph thirteen of the court’s charge. Examination of the exception taken, as same appears in the record, shows that it is almost word for word identical with the statement of same in the opinion of the court. The complaint seems correctly disposed of.

Appellant insists that what we said in our opinion upon the former appeal of this case, together with what was said by us in Mason v. State, 94 Texas Crim. Rep., 532, 251 S. W., 1065, referred to in our original opinion…