Bilberry v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

— In appellant’s motion for rehearing is found the following statement:

“It is not appellant’s contention that the testimony in regard to the size and character and sawed condition of the ball taken from the deceased was such error as required a reversal of this case, * * * but it was the contention of the appellant in the lower court and is his contention now that the facts of this case raise no issue that' would justify the state in taking up the body of the deceased, taking the bullet therefrom and not only permit the witness to testify before the jury…