Trial v. State

Appellant, in his motion for rehearing, complains of the court’s statement of the testimony and what it was sufficient to establish. It may be stated in a general way that he contends the jury should have believed what he and some of his witnesses testified, instead of believing, and basing their finding upon, the testimony of his wife and the other state’s witnesses, and that this court should have stated the matter from his, and not the state’s, standpoint.

All the testimony has again been read and considered. The statement of the testimony and the conclusions justified thereby were fully…