Later courts went against this
Overruled in part by Means v. State, 100 Tex. Crim. 1 (1925)
76 Tex.Crim. 83, 174 S.W. 591, 600 (1915), overruled in part by Means v. State, 100 Tex.Crim. 1, 271 S.W. 613, 614-15 (1925).
The opinion
I can not concur and may write on one or more of the questions mentioned in the opinion.