Billie Brewer v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

In his motion for rehearing appellant urges that error appears in that we declined to sustain his complaint in bill of exceptions 10. It appears that Mr. Fowler, an employee at the burglarized store, observed after said burglary that a window above an awning had been broken out. We quote from Mr. Fowler’s testimony:

“On Monday morning the 1st of April this year, I noticed the window that was out after I got to the store that morning. So far as I know I am the one that noticed that first. That window was broken out and the glass was laying on the…