Baker v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

The rejection of testimony to the effect that one, Monroe Mullens, had said to McClure and Carter that the still at which the appellant was seen, and from which he fled, as *167shown in the original opinion, belonged to Mullens and that Baker had nothing to do with it, is assailed in the motion. The conclusion reached and stated upon the original hearing is deemed correct. The conditions which sanction the reception of evidence of a hearsay declaration of a third party confessing his guilt of the offense for which one accused of crime is on trial,…