Newsom v. State

GRAVES, Judge.

The original opinion heretofore handed down in this cause is withdrawn, and the following substituted therefor:

*474Appellant was convicted of the offense of burglary, and by the jury assessed a penalty of two years. This is the second appeal herein, the opinion in the first appeal being found in 142 Tex. Cr. R. 47, 151 S. W. (2d) 225.

The statement of facts herein presented to us is in question and answer form, consisting of 59 pages, and nowhere therein is the narrative form utilized.

Art. 760 C. C. P., R. S. 1925, was amended in 1931, Acts 42nd Legislature, First C. S., p. 75, so as…