Court of Criminal Appeals of Texas February 6, 1929, No. 12318. (Barrett v. State)

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

Appellant insists that the rule applicable to refused special charges appearing in Art. 2188, Revised Civil Statutes,—which requires that when such charges are marked re- fused there shall be a presumption that the party asking such charges presented same at the proper time, etc.