Walker v. State

on rehearing.

June 20, 1923.

LATTIMORE, Judge.

The State asks a rehearing herein and cites cases in which we have approved charges similar to that given in the instant case for the giving of which this reversal was ordered. We have examined said authorities. The Forson case, 90 Texas Crim. Rep., 271, 234 S, W. Rep. 913, a burglary case, shows an exactly similar charge to that now under consideration herein and was tried before the same learned trial judge who presided in the instant trial, and our approval of the charge in the Forson case may be responsible for same having been given in the case…