Duke v. State

ON MOTION FOR REHEARING.

GRAVES, Judge.

Appellant insists that the matters mentioned in. his bill of exceptions No. 2 evidence an error sufficiently damaging to his defense to require a reversal herein.

It is shown by the facts that the witness Cherry testified that about four months before the death of deceased, appellant was called to Cherry’s phone by a person named Vivian, a sister of the deceased; that Cherry heard appellant’s end of the conversation, and appellant afterwards told him what was said therein. In such conversation appellant told deceased’s sister Vivian not to bring the…