Qualls v. State

(dissenting).—This is the second appeal; the disposition on first appeal can be found reported in 71 Texas Crim. Rep., 67, 158 S. W. Rep., 539.

Judge Harper, rendering the opinion of the court on the former appeal, suggested that a new indictment be found setting up all the statutory grounds, under which appellant might be convicted, to meet the different phases of the testimony as shown by the record. It may be stated generally, there is no very substantial difference between the facts now and on the former appeal. This indictment contains two counts, the first charging abandonment by…