Donohoe v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

The State’s motion for rehearing in this case has led to an extended review of the points raised, and the entire record. We may have misconstrued paragraph five of the court’s charge in writing in our former opinion concerning same, but the point is of no moment.

We are asked to consider a question and answer transcript of parts of the testimony of appellant and certain State witnesses, in aid of the State’s contention in this motion that what was treated by us in the original opinion as a confession, was not such in fact. In solving questions arising…