Dover v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

We brieflv discuss each matter raised bv apnellant in his able motion. Bills of exception Nos. 3 and 4 complain of statements to and in the presence and hearing of appellant, -involving the right or wrong of a certain dispute between him and deceased on the night preceding the homicide. This court has adhered to the rule that statements to and in the unquestioned presence and hearing of the accused, which call for a denial on his part, but to which he makes no denial or negation, may be proven against him. See Branch’s Annotated P. C., Sec. 64, for…