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156 Tex. Crim. 640

Akey v. State

Court of Criminal Appeals of Texas

Decided December 19, 1951

Court of Criminal Appeals of Texas · decided 1951-12-19

Decided 1951-12-19

¶1ON APPELLANT’S MOTION FOR REHEARING.

WOODLEY, Judge.

¶2Our attention is again directed to appellant’s bill of exception wherein he complains of the overruling of his motion for mistrial.

¶3This bill reveals that an unnamed witness testified that he returned the next day and again “made a purchase from Dick Akey.” The witness did not testify what he purchased.

¶4*642The jury having been instructed to disregard the testimony, the trial court properly declined to declare a mistrial.

¶5Appellant’s motion for rehearing is overruled.

¶6Opinion approved by the court.

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