Myers v. State

(dissenting).—I think Parish v. State, 48 Texas Crim. Rep., 578; 89 S. W. Rep., 830; Harris v. State, 50 Texas Crim. Rep., 411; 97 S. W. Rep., 704; and Harris v. State, 100 S. W. Rep., 920, announce the correct rule, and should not be overruled. I refer to those cases for reasons why I decline to agree to the conclusion of the majority here announced.