Miers v. State

ON APPELLANT’S MOTION FOR REHEARING.

DAVIDSON, Judge.

Appellant insists that error is reflected in the action of the trial court in overruling his motion for severance. In this connection, because of the trial court’s qualification to the bill of exception to the effect that it was his “opinion” that the granting of a severance would have necessitated a continuance of the case, appellant challenges the conclusion in our original opinion upholding the trial court’s ruling. He stresses that the “opinion” of the trial court as to this matter is not a certificate, in fact, that the granting of the…