Matthews v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

The state has filed a forceful motion insisting that Sweeney’s case, 146 S. W. 883, in effect overruled Askew v. State, 59 Tex. Crim. Rep. 152, 127 S. W. 1037, and Hardin v. State, 55 Tex. Crim. Rep. 634, 117 S. W. 974, which among others were relied on in our original opinion. The opinion in Sweeney’s case was by a divided court. The majority opinion has not been regarded as sound. It has never been followed, whereas upon the point at issue Askew, supra, has been cited with direct approval in Schultz v. State, 97 Tex. Crim. Rep. 413, 262 S. W. 493, and…