Lockhart v. State

ON MOTION FOR REHEARING.

HAWKINS, Presiding Judge.

In his motion for rehearing appellant insists that we were in error in holding that the convict, Ruby White, was competent to testify. He predicates this contention on the fact that it is certified in his bill of exception that the offense under investigation was not committed on a prison farm owned by the State, nor in any State prison, nor on a railroad train or highway in which or along which prisoners were being transported, nor in any jail. See Sec. 3 of Art. 708. C. C. P. as amended by the 39th Legislature, 1st Called Session.

We call…