Brown v. State

DAVIDSON, Judge.

I concur in reversing this conviction upon the ground stated by Judge Harper. I want to add that the correct rules are laid down in Roby v. State, 41 Texas Crim. Rep., 152, and Fleming v. State, 62 Texas Crim. Rep., 653, upon which this case should be tried, and I deem it not necessary to review the questions involved further than to cite the above cases.