Leos v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

DICE, Judge.

In his motion for rehearing, error is urged by appellant, for the first time, to the court’s action in permitting the state’s witness, Jimmy Christian, to relate certain statements made by appellant after he and his companions were apprehended on the football field.

Over appellant’s objection that he was under arrest when the statements were made, the witness was permitted to testify that appellant told him where to find one of the chisels used in the assault and he also said “that they wanted to kill Mr. *449Golden and go to the penitentiary.”