Spearman v. State

(dissenting). — This ease is before us on motion for rehearing, the case having been previously affirmed. My brethren have concluded to overrule the motion for rehearing for reasons stated in the, written opinion to that effect. I do not care to review the opinion on rehearing or the former opinion seriatim but in a general way state my reasons for not concurring.

While the witness, Mrs. Stella Simms, who was formerly the wife of appellant, was on the witness stand, defendant, on her cross-examination, she being used by the State, identified her depositions taken in a divorce suit between…