McCoy v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

— Appellant files a persuasive motion, responding to which we have gone over the record in this case, which in some phases is one of first impression with us, — but we are not led to conclude that we erred in our disposition of same. Appellant cites Jones v. State, 115 Texas Crim. Rep., 60, in which Judge Martin, in his opinion, quoted a small part of the lengthy statement appearing under Note 5, subdivision 2 of the notes under Art. 543, Vernon’s C. C. P. We have examined the numerous cases cited by Mr. Vernon in support of the text referred to, and…