Pena v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

— Appellant criticizes the holding of the court on the complaint brought forward in bill of exception number three because the sheriff was permitted to testify that appellant said the car containing the whisky belonged to him, it being claimed that appellant was then under arrest. The ownership of the car was not a controverted issue. Appellant testified upon the trial that it belonged to him. It was further shown that after appellant was released on bond he claimed the car and it was delivered to him by the sheriff. Furthermore, the exact testimony…