Phelps v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

It is further insisted that bill of exception number one complaining of the use in evidence of the clothing worn by deceased at the time of the difficulty presents reversible error. The bill is quite brief. The objection urged was that the only purpose in exhibiting the clothing was to inflame the mind of the jury, and because they were exhibited while the State was making out its case in chief, and not in rebuttal. It is impossible for us to say from the recitals in the bill that the clothing did not throw light upon the position of the parties when the…