Gardner v. State

ON REHEARING.

June 23, 1909.

BROOKS, Judge.

This case was affirmed at a former sitting of this court, and now comes before us on motion for rehearing.

Appellant contends this court erred in overruling and in not sustaining his assignment of error wherein the court’s action in attempting to answer the written request of the jury for further instructions is complained of. To support his contention appellant cites us to the following authorities: Willson’s Code of Criminal Procedure, art. 734; Lee v. State, 44 Texas Crim. Rep., 460, 72 S. W. Rep., 195; Bonner v. State, 29 Texas Crim. Rep., 223, 15…