Lamoyne v. State

ON E.EHEABIIÍG,

June 17, 1908.

BAMSEY, Judge.

This case was affirmed at the Dallas term and now comes before us on motion for rehearing. The original opinion in the case was delivered by Judge Brooks. In view of the fact that the question involved in the motion for rehearing has been presented for the first time since the accession of the writer to a position on this court, and in view of the fact of the difference between the other members of the court, as reflected and evidenced by the dissent of Judge Brooks in the case of Lively v. State, 74 S. W. Rep., 321, the preparation of the opinion on…