Court of Criminal Appeals of Texas November 20, 1895, No 582. (Rogers v. State)

HENDERSON, Judge.

The appellant was convicted in the court below of perjury, and his punishment assessed at five years in the penitentiary. The appellant assigns as error that the court permitted the witness, Alvin Hope, to state that, if Frank Rogers, appellant, testified as follows, to-wit: “I heard a shot, and got up in my night clothes, and went to the old bank corner, and when I got there I