Weber v. State

I dissent. I think this case comes clearly within the cases of Calyon v. State, 76 Tex.Crim. Rep., 174 S.W. Rep., 591, and Hicks v. State, 75 Tex.Crim. Rep., 171 S.W. Rep., 755, and the lower court's action was correct. This case should be affirmed and not reversed. The bill as a whole shows the court sustained the State's demurrer to appellant's motion, and it was after this he offered to introduce the oral evidence, and at a time when he had no pleading to base any evidence upon.