Powell v. State

ON MOTION FOR REHEARING.

BERRY, JUDGE.

—In his motion for rehearing appellant again complains because the court submitted to the jury the question as to whether or not the appellant was leading an immoral and profligate life. It is appellant’s very earnest contention that in view of the fact that there is no evidence showing that appellant was leading a profligate life, it was harmful to him to submit this issue to the jury as it probably suggested to them that the issue, in the judgment of the trial court, was raised by the evidence. We have again very carefully examined the testimony in the…