Atkinson v. State

ON MOTION FOR REHEARING.

MORRISON, Judge.

Our attention is again called to appellant’s bill of exception No. 3, which complains that the witness was permitted to testify that, following the accident, a child (a passenger in an automobile with which the vehicle driven by the appellant had collided) was not expected to live.

In driving while intoxicated cases, the question of admissibility of evidence as to injuries sustained by the occupants of the automobile which was driven by the appellant, or occupants of the automobile with which he collided, has been before this Court only a few times. The…