Green v. State

on rehearing.

April 16, 1924.

MORROW, Presiding Judge.

Referring to the opinion of this court by Judge Prendergast in the case • of Hubbard v. State, 147 S. W. Rep., 260, the District Attorney quotes: “The jury of twelve fair and impartial jurors, after hearing all of the evidence, seeing and observing all of the witnesses and the manner of their testifying, believed the state’s witnesses, and that the appellant was guilty beyond a reasonable doubt. The learned trial judge also heard all the testimony, saw and heard the witnesses, and, by overruling the motion for a new trial, based on these…