Smith v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

Appellant presents an able motion for rehearing urging the lack of sufficient testimony; also a supplemental motion urging that in regard to the other matters we were wrong in our original opinion. In the latter he first insists that the trial court erred in excusing nine jurors on the ground that they had sat in a companion case against appellant in which the issues were the same, and had returned a verdict of acquittal. Appellant insists that this action of the court was based on a wrongful assumption without proof to support it. Looking to the…