Distinguished
Distinguished by Dilworth v. State, 126 Tex. Crim. 333 (1934)
The situation presented in Brown v. State, supra, is distinguishable from that found in the present case.
The opinion
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DAVIDSON, Judge.
I concur in reversing this conviction upon the ground stated by Judge Harper. I want to add that the correct rules are laid down in Roby v. State, 41 Texas Crim. Rep., 152 , and Fleming v. State, 62 Texas Crim. Rep., 653 , upon which this case should be tried, and I deem it not necessary to review the questions involved further than to cite the above cases.