Claxton v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

Appellant devotes many pages of his motion for rehearing to a most persuasive argument presenting the contention that the court was in error in disposing of appellant’s criticism of paragraph 12 of the court’s charge. Appellant’s premise is that said paragraph is .in direct contradiction of other portions of the charge and that therefore our opinion is not in harmony with Barbee v. State, 58 Tex. Crim. Rep. 129, 124 S. W. 961, and Henry v. State, 54 S. W. 592, and contrary to the principle announced in LeMasters v. State, 81 Tex. Crim. Rep. 577, 196 S.…