Barrera v. State

In appellant's motion for rehearing he says only that this court erred in holding that his bill of exception number one was without merit, and that Poole v. State, 45 Tex.Crim. R.,76 S.W. 565 was decisive of the question. It is not pointed out why appellant thinks we erred in the original opinion.

A further investigation of said bill convinces us that we did err in considering it at all. It concerns the evidence of Abel Barrera, a brother of appellant. Knowing that Abel would be in the army when the trial of appellant would be had, it was agreed between the State and appellant that Abel's…