Vineyard v. State

ON REHEARING

January 23, 1924.

MORROW, Presiding Judge.

The motion for rehearing challenges the correctness of the ruling of the court upon various matters discussed in the original opinion. The remarks complained of transgressed no constitutional or statutory provision. In deciding whether the argument is of a nature demanding a reversal of the judgment, the language used is not alone the test. The evidence and the verdict must be considered. Hart v. State, 57 Texas Crim. Rep., 21; Davis v. State, 48 Texas Crim. Rep., 466; Borrer v. State, 83 Texas Crim. Rep., 199.

Under the State’s evidence,…