MacKey and Grice v. State

December 18, 1912.

ON REHEARING.

PRENDERGAST, Judge.

— Appellant, in his motion for. rehearing, complains that we did not consider nor pass upon his bill of exception wherein he objected to the county attorney testifying to what Minnie Grice, one of the appellants testified before the grand jury, claiming that what was testified before the grand jury was secret and could not be disclosed, and refers us only to the case of Gutgesell v. State, 43 S. W. Rep., 1016.

He is mistaken in claiming that we did not consider nor pass on this question. We stated in the opinion: “We have considered all of…