Clements v. State

Note: Attention is called to the fact that in the opinion written by Presiding Judge Morrow, on motion for rehearing, the question is discussed as to the right of the appellate court, in appraising a bill of exception, to examine the statement of facts to determine whether excluded testimony, to the exclusion of which complaint is made, went into the record, from other sources or from the same witness.

In support of the ruling the case of Martin v. State, 107 Texas Crim. Rep., 152, 295 S. W., 1198, is cited. Since the disposition of this case the identical question has been passed upon in the…