The opinion
DAVIDSON, Judge
(dissenting on State’s Motion for Rehearing.)
The opinion of my brethren upon the state’s motion for rehearing strengthens me in my conviction that the majority opinion and the doctrine announced therein are wrong and exceedingly dangerous.
A paragraph in the state’s motion for rehearing so amply presents my views that I have decided to insert it, here, as a part of this, my additional dissent. It reads as follows:
“Such a holding is at variance with the philosophy of the laws of Texas. Such holding is contrary to the doctrine of stare decisis in Texas on the same subject; it amounts to the creation by the Court of Criminal Appeals of a defense for the convicted procurer which the legitimate law-making authority of Texas— the Legislature — has never seen fit to create, and unless this be a special law for the benefit of this low character of offender, then it is a general law enacted by this court which makes the murderer, the rapist, the thief, the arsonist, the abortionist, and all other criminals exempted from prosecution for their crimes against the rest of the people and against the peace and dignity of the State, provided the crime is instigated by some deputy constable or other peace officer for the purpose of catching the offender and prosecuting him ...”