Wall v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

— The State’s witnesses made out a case of the sale of whisky. L. A. Wall, the father of appellant, testified to an alibi for him, claiming that appellant was at the time of the alleged sale sick in bed with the “flu.”

Bills of exception Nos. 1, 2, 3 and 5 complain of the State’s cross-examination of the witness in some particulars. We think bill of exception No. 5 presents error. A discussion of the other bills is pretermitted.

Bill of exception No. 5 shows that while L. A. Wall was being cross-examined and after he had testified that appellant had worked…