Cumpston v. State

ON MOTION FOR REHEARING.

WOODLEY, Judge.

In his motion for rehearing, appellant complains of our disposition of his Bill of Exception No. 2, which bill is addressed to the question of the admissibility of the testimony of the witness Raymond McGraw as given on a former trial and reproduced upon the theory that the witness had subsequently removed beyond the limits of the state.

The testimony so reproduced was given by the witness at a former trial of this case on August 4, 1949, and the witness was cross-examined by appellant’s counsel.

Appellant says that the evidence shows only a temporary…