Brown v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

The appellant’s defense, namely, a mistake of fact growing out of his acting upon the information that his wife had secured a divorce was in a proper manner treated by the court in its charge. The jury was well warranted in con- eluding that the appellant did not use proper care in ascertaining whether his wife had in fact procured a divorce. See Underhill’s Cr. Ev., 3rd Ed., p. 835, sec. 598; Tex. Jur., Vol. 6, p. 560, sec. 14, notes; Busby v. State, 89 Tex. Cr. R. 213.

The bills of exception to which reference is made in the motion have been…