Bevers v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

Complaint is made of our opinion in one point, viz: that we erred in holding admissible testimony that appellant refused to give his name when arrested at the place where the still, ma-sh, etc., were located. In disposing of this matter we used the expression: “The statement complained of was * * * res gestae * * * and.admissible.” Appellant insists that his silence when asked his name, was not a statement, — and should not have been admitted even as res gestae. Our Constitution, Sec. 10, Bill of Rights, guarantees that the accused shall riot be…