Later courts went against this
Overruled in part by Melton v. State, 47 Tex. Crim. 451 (1904)
App., 233 and Spears' case, 56 S.W. Rep., 347, those cases to the extent of that conflict are overruled.
The opinion
I concur with DAVIDSON, P.J., and believe the law as announced in the decision cited above is the correct doctrine.
[NOTE. — Appellant's motion for rehearing was overruled without a written opinion. — Reporter.]