Curry v. State

ON appellant’s motion for rehearing

WOODLEY, Judge.

Appellant complains that we overruled his formal Bill of Exception No. 2, addressed to the failure of the court to strike from the testimony of E. R. Davis the statement attributed to appellant in answer to Davis’ question as to whether he killed the deceased: “I don’t know, I aimed between his eyes.”

Appellant contends that the bill should be construed as showing that appellant was under arrest and as showing that .the statement was not admissible as res gestae. He relies upon Trollinger v. State, 153 Texas Cr. Rep. 364, 219 S.W. 2d 1018.

In…