Smith v. State

ON REHEARING

BUSSEY, Judge.

In the Second Petition for Rehearing, Plaintiff in Error, Tommy Leroy Smith, adopts all the assignments of error presented in his first Petition for Rehearing, which includes the assignment of error that:

“The Court in its opinion, in the eighth syllabus asserted that counsel for the Plaintiff-in-Error had made an improper interrogation, and thus opened an area of testimony in which it was decided that counsel would not be permitted to profit by an alleged and recognized error. On Page 10 of the court’s opinion in this instant case the Court quotes from the testimony…