Israel v. State

ON REHEARING.

May 25, 1921.

MORROW, Presiding Judge.

In his motion for rehearing, appellant says, in substance, that he does not controvert the correctness of the ruling of the trial court and this court of that part of the testimony of the witness Moore wherein he described what he saw from the positions he took in the jail when experimenting, but insists that a part of Moore’s testimony consisted of his opinion, that is, where he used the expressions:

“I have made an examination to see whether or not a man sitting on the top bunk . . . could see, . . . and I find that you can.”

“One sitting in…