Sage v. State

ON MOTION FOR REHEARING.

Hawkins, Judge.

In his motion for rehearing appellant again insists that the charge given was upon the weight of the evidence, relying upon the case of Haynes v. State, 84 Tex. Cr. R. 6, 204 S. W. 430, and also upon the opinion of the second appeal of the same case which is reported in 88 Tex. Cr. R. 42, 224 S. W. 1100. Upon the first appeal the judgment in the Haynes case was reversed because of the holding that the charge then given was upon the weight of the evidence, and appellant insists that the charge in the present case is in all respects like that contained in…