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116 Tex. Crim. 205

33 S.W.2d 1069

Branch v. State

Court of Criminal Appeals of Texas

Decided November 12, 1930

Court of Criminal Appeals of Texas · decided 1930-11-12

<p>The opinion states the case.</p>

Cited by 2 later decisions — most recently March 1974

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1930-11-12

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¶1 ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

¶2 The motion for rehearing but reiterates the contention made upon the original hearing that there was evidence calling for an instruction to the jury to the effect that there should have been an acquittal of the appellant if the offense was committed by Adam Franklin alone. The view is expressed that the announcement in the original opinion that the evidence was not such as rendered it incumbent upon the court to give the instruction mentioned is correct.

¶3 The motion is overruled.

¶4 Overruled.

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