Cooke v. State

ON APPLICATION FOR LEAVE TO FILE SECOND MOTION FOR REHEARING.

HAWKINS, Judge.

Appellant calls attention to the fact that upon cross-examination of state’s witness Harper he admitted that he had been in the “federal penitentiary.” Based upon this alone it is urged here now for the first time that we should hold Harper to have been disqualified as a witness, and should discard his testimony, in which event it is claimed the other evidence is insufficient to support the conviction. This point has never been considered, it being now raised for the first time. It was not claimed upon the trial that…