Denning v. State

on motion for rehearing.

MORROW, Presiding Judge.

— Many precedents are cited by the appellant in support of his contention that the acquittal of Moore subsequent to the conviction of the appellant entitled him to a new trial so that on such trial he might have the benefit of the testimony of Moore. From the facts it appears that out of the same transaction both Moore and appellant were indicted for the possession of intoxicating liquor for the purpose of sale. Some two weeks after the appellant’s conviction, Moore was tried and acquitted. If the appellant’s position is comprehended, it is that…