The opinion
ON STATE’S MOTION FOR REHEARING
MORRISON, Judge.
We remain convinced that this case must be reversed because of the admission of the evidence relating to the extraneous Impala incident.
The majority has reconsidered Bill of Exception No. 9 and has concluded that while it certifies reversible error, in fact no error is shown because the record contains the jury argument, and it shows that timely objection was not made. We refuse to be bound by the Court’s certification of error in the formal bill of exception where the record reflects the contrary. Free v. State, 165 Tex.Cr.R. 374 , 307 S.W.2d 808 ; Tonnan v. State, 171 Tex.Cr.R. 570 , 352 S.W.2d 272 . The majority remains convinced that the Court’s certificate in the bill constituted no action at all. He merely stated, “The court does not certify to the truthfulness of the contents therein, but he does certify that they are only the contention of the Defendant.”
The State’s motion for rehearing is overruled.