Texas Supreme Court April 28, 1909, No. 1910. (Griffin v. Tucker)

Mr. Justice Williams

delivered the opinion of the court.

Certified questions from the Court of Civil Appeals for the First District as follows:

“Because our conclusions of law in the above styled cause pending in this court on motion for rehearing are apparently in conflict with the opinions of the Court of Criminal Appeals in the cases of Ex parte Heyman, 45 Texas Crim. Rep.