McClure v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

MORRISON, Judge.

Appellant’s counsel takes this Court to task because of the dearth of authority cited in our original opinion and because we failed to discuss the cases cited by him in his original brief. It is true that Davis v. State, 118 Tex.Cr.R. 410, 40 S.W.2d 809, and Simmons v. State, 118 Tex.Cr.R. 519, 40 S.W.2d 804, are authority for the rule that reversible error is reflected when a witness is not permitted to explain a fact which has been brought out to discredit him. In our original opinion we set out in haec verba the testimony of…