Osborne v. State

ON STATE’S MOTION FOR REHEARING.

HAWKINS Judge.

The state’s motion for rehearing has challenged our attention. A further consideration of the record leads us to believe we were in error in ordering a reversal of the judgment. To make clear the matter as it now appears to us it is necessary to make a more detailed statement than would ordinarily be called for.

It is revealed by bills of exception that the state called as a witness J. W. Little, City Marshal of Hillsboro. Before he testified, counsel for appellant stated to the court that they had talked to said witness and also to the witnesses,…