Colley v. State

ON state’s motion for rehearing.

BEAUCHAMP, Judge.

The State, through its very able district attorney of Smith County, has filed a motion for rehearing with a discussion of the authorities cited to sustain the prosecution. It is contended that the holding of this court is contrary to Hamon v. State, 135 Tex. Cri. Rep. 347, 119 S. W. (2d) 1057; Brooks v. State, 115 S. W. (2d) 678; Bryant v. State, 98 S. W. (2d) 189; Brooks v. State, 95 S. W. (2d) 136; Warren v. State, 94 S. W. (2d) 463; Greer v. State, 32 S. W. (2d) 845, and Wesley v. State, 147 S. W. (2d) 493.

The very exhaustive opinion…