Thompson v. State

Appellant was convicted in the District Court of Hill County of murder, and his punishment fixed at twenty years in the penitentiary.

This is the second appeal in this case. See 256 S.W. Rep. 279. The facts are sufficiently stated in the former opinion.

On this trial a witness for the state admitted on cross-examination that he had not been present or given testimony at the former trial. Defense counsel asked him if he knew, at the time the case was on trial, that it was so being tried. The state objected that this was not material. To the court's action in sustaining such objection exception…