Schaefer v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

The authorities referred to in Esquival v. State, 93 Tex. Crim. Rep. 125, 246 S. W. 399, and Sims v. State, 96 Tex. Crim. Rep. 519, 258 S. W. 165, which are cited in our original opinion, amply support the holding announced. More recent decisions on the point are Ross v. State, 100 Tex. Crim. Rep. 295, 273 S. W. 582; Thomas v. State, 101 Tex. Crim. Rep. 144, 274 S. W. 577.

The motion for rehearing is overruled.

Overruled.