Jimenez v. State

On Motion for Rehearing.

MORROW, P. X

State’s counsel in an oral argument, as well as in a written motion showing research and -ability, asks for a review of the reversal of the decision holding that, in receiving the testimony of the child to which reference is made in the original opinion, error was committed.

In the motion the age of the child is treated as Seven years. As the matter was before the court upon the record, as shown by the bill of exceptions the child was only four years old. As stated in the original opinion, she was four years old, could not read nor write, and did not, in the…