the request to argue before the jury was denied because it was merely an attempt by the appellant to testify before the jury without subjecting his testimony to cross-examination
How later courts described this case
- the request to argue before the jury was denied because it was merely an attempt by the appellant to testify before the jury without subjecting his testimony to cross-examination
Written by the judges who cited it.
The opinion
OPINION
ON APPELLANT’S MOTION FOR REHEARING
BELCHER, Judge.
Appellant re-urges his ground of error and by petition for writ of certiorari and for writ of mandamus seeks to have such motions and the bystanders affidavits in support thereof included in a supplemental transcript and sent to this court to be considered in support of his claim that the indictment is fatally defective.
Considering the matters sought to have been included in the supplemental transcript as properly before us, we remain convinced that the indictment is not fatally defective and that the appeal was properly disposed of on original submission.
Appellant’s motion for rehearing is overruled.