Ragsdale v. State

ON SECOND MOTION FOR REHEARING.

MORROW, Presiding Judge. —

Counsel for the appellant insists that the refusal of the court to exclude the testimony of witnesses touching the wreck of the car which was driven by the appellant in Runnels County brought the decision in direct conflict with the cases of Phillips v. State, 4 S. W. (2d) 1056, and Coon v. State, 97 Texas Crim. Rep., 645. Each of the cases mentioned was reversed because there was a double conviction for a single criminal act.

An examination of the record in the present instance, as understood, makes evidence the fact that while in…