Saunders v. State ( 1961 )

WOODLEY, Presiding Judge,

dissenting.

Sublett v. State, 158 Texas Cr. Rep. 627, 258 S.W. 2d 336, was cited in support of the quoted holding in Bumpass v. State, supra. The holding appears to be a correct one, and I find no reason why it should not be applied here. If it is not to be followed, the holding mentioned should be specifically overruled. Otherwise, the state’s motion for rehearing should be granted.