French v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge. —

One accused of crime may testify, article 710, C. C. P. The jury, or the court below, if trial be had before the judge without a jury, may refuse to accept the truth of the appellant’s testimony. Mason v. State, 85 Texas Crim. Rep., 254; Wilson v. State, 92 Texas Crim. Rep., 118; Hays v. State, 98 Texas Crim. Rep., 181; Payne v. State, 100 Texas Crim. Rep., 241.

No witness asserted that the pistol had by appellant in this case, at 3 A. M. the night he burglarized a postoffice, was the one shown by testimony to have been gotten from Mr. Cobb,— save the…