McDowell v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge. —

Responding to appellant’s motion, we state that we recognize as correct what we said in Pilgrim v. State, 87 Texas Crim. Rep., 6, and that there may be cases in which on appeal no statement of facts is found, but the recitals in bills of exception be such as to make it obvious that the complaint therein is well founded, — but we do not think the case before us falls in such category. The complaint in the bill is that the State was allowed to re-cross-examine appellant as a witness and ask him if he had not told the sheriff that he “pulled” that big…