Freeney v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

In the motion for rehearing it is urged that the confession of appellant proved by the state contained an exculpatory statement in view of which it is insisted that it was error for the court not to tell the jury the state was bound by such exculpatory statement unless the state had proved its falsity.

Neither by exception to the court’s charge nor by requested special charge was it made known to the court that such instruction was desired. Even if such a charge had been called for under the facts, the failure to give it would not have demanded a…