Black v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

Appellant challenges the statement in our original opinion which in effect held that the filing of an application for suspended sentence put in issue accused’s general reputation as a law abiding citizen, and authorized the State to present evidence thereon unless such application was withdrawn. In addition to authorities cited originally see Shirley v. State, 93 Texas Crim. Rep., 537, 248 S. W., 692; Turner v. State, 109 Texas Crim. Rep., 301, 4 S. W. (2d) 58; Whitlock v. State, 123 Texas Crim. Rep., 279; 58 S. W. (2d) 109; also Note 4, page 164,…