Nuben v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

In his motion for rehearing appellant advances the contention that in receiving in evidence the testimony of the officer to the effect that there was whisky transported in appellants automobile, the court committed an error of a fundamental nature rendering the case reviewable without a bill of exceptions showing that the evidence was introduced over the objection of the accused. In Sec. 11, C. C. P., 1925, it is said:

“The defendant in a criminal prosecution for any offense may waive any right secured to him by law, except the right of trial by…