Shelby v. State

ON MOTION FOR REHEARING.

GRAVES, Judge.

Appellant complains in his motion because of what he contends would be an unfair rule in that if there be admitted by a ruling of the trial court improper testimony against the defendant, that in the event of the appellant undertaking to combat such improper testimony by testimony relative to the same transaction, such an effort would result in a waiver of the objection to the introduction of the matter first offered. This is a salutary rule and one to which we adhere.

However, upon mature reflection, we are constrained to the belief that we were incorrect…