Johnson v. State

ON MOTION FOR REHEARING.

KRUEGER, Judge.

In his motion for rehearing, appellant, for the first time, asserts that the trial court in his certificate to Bill of Exception No. 2 certifies that an error was committed in the matter therein complained of. This matter was not called to our attention on the original submission of the case and it escaped our observation. Upon consideration of the motion for rehearing, we have carefully examined the bill and reached the conclusion that appellant’s contention is well founded.

It appears from the bill that the District Attorney in his closing argument to…