West v. State

ON APPELLANT'S MOTION FOR REHEARING.

CHRISTIAN, Judge.

Appellant reiterates his contention that bill of exception No. 3 reflects reversible error, his position being that it is shown in the bill that State improperly elicted testimony from the witness J. L. Augustine tending to show that appellant had been guilty of stealing a quantity of ore from said witness.

According to the testimony of Mr. Augustine, as shown in the bill of exception, appellant asked his permission to take some ore from a dump at a mine near Lordsburg, New Mexico. The witness understood that a small quantity of such ore was…