Smith v. State

ON state’s motion for rehearing.

GRAVES, Presiding Judge.

It is contended herein by the state that the opinion on motion for rehearing which reverses this cause is based mainly upon the authority of Brown v. State, 40 Tex. Cr. R. 48, 48 S.W. 169. In that case it is again affirmed that “the proper course of pleading is to negative specially each part of the defendant’s testimony which is alleged to be false; and, if any material assignment be adequately proved, it is enough to support the indictment, if falsity be satisfactorily shown,” quoting from 2 Wharton’s Crim. Law, sec. 1316. The same…