Saffel v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

One ground of appellant’s motion for rehearing is predicated upon the assignment that we were in error in holding that the omission of the word “not” in the last sentence of paragraph 10 of the charge could not have misled the jury in fixing the punishment. As supporting the contention we are referred to Perkins v. State, 117 Texas Crim. Rep., 415, 37 S. W. (2d) 163; Shannon v. State, 117 Texas Crim. Rep., 429, 36 S. W. (2d) 521; Henry v. State (Texas Crim. App.), 54 S. W., 592. It would extend this opinion on rehearing to unreasonable length to review…