Railey v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

In our former opinion we cited Countee v. State, 119 Texas Crim. Rep., 131, 44 S. W. (2d) 994, which held that certain testimony being before the jury without objection, — objection to other similar testimony later admitted, obtained by officers who had no search warrant, — would' not avail the accused. Appellant vigorously complains that this holds contrary to what was said by this court in Zimmer v. State, 64 Texas Crim. Rep., 117, and Moore v. State, 66 Texas Crim. Rep., 169. We have no desire to be captious. We can not tell from the opinion in…