McCorkle v. State

ON MOTION FOR REHEARING.

HAWKINS, Presiding Judge.

Appellant insists that we should not have refused to consider his bill of exception number seven, although it was in question and answer form, because the complaint was directed at the form of the question which could only be shown by setting out the language in which the question was couched. The authorities support appellant’s position. Young v. State, 92 Tex. Cr. R. 277, 243 S. W. 472; Bowers v. State, 138 Tex. Cr. R. 98, 134 S. W. (2d) 675. Bill number seven shows that the witness Busby was asked by the prosecuting officer the following…