Sumner v. State

ON STATE’S motion for rehearing.

HAWKINS, Judge. —

In its motion for rehearing the State earnestly contends that we erred in our opinion on appellant’s motion for rehearing in holding that the instruction limiting the use by the jury of evidence of thefts of cattle other than the one for which appellant was on trial was on the weight of the evidence.

The State parallels the charge given in the case of Mueller v. State, 85 Texas Crim. Rep., 346, 215 S. W., 93, with the one found in the present case. In appellant’s motion for rehearing he paralleled the charge given in Davis v. State, 87 Texas…