Cowley v. State

ON MOTION FOR REHEARING.

HAWKINS, Presiding Judge.

In his motion for rehearing ■ appellant again urges that the remark made by the trial judge at the time he delivered his written charge to the jury should be held to be reversible error.

When our original opinion was prepared we were under the impression that Art. 663 C. C. P. obtained its present relative position under the revision of 1925. In this we were mistaken. It occurs in the revision of 1895 as Art. 720 C. C. P., and in the revision of 1911 as Art. 740 C. C. P., in both revisions occupying the same relative position as in the revision…