Curtis v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

Appellant makes complaint of our former opinion for saying that a witness swore that appellant’s shoes would make the kind of tracks found on the ground after the killing. Constable Benson swore that he examined the tracks around the place of the homicide; that he saw in the yard at said place two tracks made by the right foot shoe; that said track was made by a shoe with a rubber heel and a toe not pointed nor yet blunt, about a number nine shoe. He said the shoes of deceased did not fit these tracks. Referring to appellant’s shoes, witness said they…