Underwood v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

Appellant strongly urges in his motion for rehearing that the Legislature could not pass any law restoring competence as a witness, to any person who had been theretofore finally convicted of a felony; and that the objection made by him to the admission of the testimony of those witnesses who were already convicts serving out their sentences when Chap. 13, Acts First Called Session, 39th Legislature, was enacted, did not rest solely on the ground that said statute was retroactive, but also was based on the ground that the incompetence of such witnesses…