Johnson v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

The case was first tried in Eastland County. (See Johnson v. State, 105 Tex. Cr. R. 299.) On a change of venue it was tried in Callahan County. (See Johnson v. State, 8 S. W. (2d) 127.) Upon its reversal it was again tried in Callahan County. Preliminary to the trial the appellant presented a motion requesting that the case be returned to Eastland County, stating in substance as a reason therefor that the conditions prevailing in that county which impelled the court at the time of the change of venue to remove the cause had ceased. We think the…