Majors v. State

ON MOTION FOR REHEARING

LATTIMORE, Judge. —

Appellant cites Simonds v. State, 175 S. W. Rep. 1064 and Espinoza v. State, 165 S. W. Rep. 208, as being opposed to the announcement in our original opinion that his co-defendant Biano, who had been convicted for complicity in the same offense and given a suspended sentence, was not a competent witness in his behalf. We £ear appellant has not apprehended the distinction between the cases cited in our opinion and those just referred to. We did not uphold the rejection of Biano’s testimony on the ground that one under a suspended sentence is thereby…