Sanders v. State

I concur in the opinion of Judge Harper in this case on every question discussed and decided, except the last. After a most careful investigation and study of this question I have reached the conclusion that this last question should be decided the reverse of what Judge Harper has written. I do not propose to discuss the question at any length, but feel that in justice to myself it is necessary for me to express my views.

But one case is cited in the opinion to sustain it, — that is, the case of Wells v. State, 21 Texas Crim. App., 594. In the first place, I am convinced that that decision on…