Hinton v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

In his motion for rehearing appellant cites Ah Kee v. State, 34 S. W. 269, as supporting his contention that the evidence complained of in bills of exception numbers ten, eleven, twelve and thirteen was not admissible upon the second count charging that appellant kept and exhibited a gaming table and bank upon which count conviction was had. If that had been the only charge in the present indictments as it was in Ah Kee’s case we think it would have been controlling here. However, as pointed out in the original opinion the first count in the indictment…