Murphy v. State

ON MOTION FOR REHEARING

WARNER, Judge.

We have extensively reviewed the facts on rehearing. We withdraw our previous opinion in this case and substitute the following in its place.

*647Appellant challenges his convictions for grand theft and scheming to defraud in connection with the fraudulent use of credit cards at a bar where the appellant was a bartender. He claims that the court erred when it allowed a state witness to testify that she thought “something illegal was going on” when customers of appellant’s were running up huge bar tabs. We agree and reverse.

This is the second trial of this case,…