Petty v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

The contention of appellant in his motion for rehearing is that we erred in following the case of McGee v. State, 112 Texas Crim. Rep., 450, 17 S. W. (2d) 50, in which case the exact point here raised was by a majority opinion decided adversely to appellant. That case has been followed in Stapler v. State, 120 Texas Crim. Rep., 263, 47 S. W. (2d) 837. The views of the present writer as set out in a dissenting opinion in McGee’s case remain unchanged; likewise the views of the majority of the court remain the same as expressed in that case and in…