Cope v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

The following is the declaration of counsel to which reference is made in the original opinion:

“The Legislature of the State of Texas, in which you gentlemen have representation, so declared that is the law and has declared that more than one quart is ample evidence to prove conclusively that it was for the purpose of sale, conclusively, unless rebutted and explained, conclusive evidence when it stands alone and unrebutted.”

The sole point made against the argument is the claim that it is an indirect reference to the failure of the appellant to…