Hanna v. State

ON MOTION FOR REHEARING.

MORRISON, Judge.

In a forceful brief appellant has called our attention to what he. denominates his motion for instructed verdict and Bill of Exception No. 2 and to our holding in Ross v. State, 154 Tex. Cr. R. 79, 225 S. W. 2d 189. He says that the phraseology of the bills of exception in the two cases is identical. In this he is correct. Appellant overlooks, however, several more recent decisions of this court on the question.

Bill of exception No. 2 contains the following certificate of the trial judge:

“The Court erred in overruling the defendant’s motion of ‘Not…