Acosta v. State

My Brethren overrule appellant’s motion for rehearing, but I cannot bring myself to join them in such action. This is so because after further study, I have become convinced that the following portion of the opinion which I prepared originally is entirely erroneous, to-wit: “His claim that the court erred in permitting the prosecutor to question appellant as to the truthfulness of his statement, to which question the appellant answered, ‘The things in the statement are not- true’, need not be *439considered because even if inadmissible, the jury was not present, and this Court has always held…