People v. Lewis

(after stating the facts). The case most strongly relied upon by defendant’s counsel, McCombs v. State, 50 Tex. Crim. Rep. 490 (99 S. W. 1017, 9 L. R. A. [N. S.] 1086, 14 Ann. Cas. 72, 123 Am. St. Rep. 855), unquestionably sustains their contention. Halbrook v. State, 34 Ark. 511 (36 Am. Rep. 17), is a similar case. Other cases in other jurisdictions also have a tendency to support their contention. But we are persuaded that the case must be disposed of upon the holdings in this State and the State of New York. In the final analysis the questions to be determined are within rather a narrow…