Windham v. State

on appellant’s motion for rehearing

DICE, Judge.

In his motion for rehearing appellant strenuously insists that the admission in evidence of the three pieces of paper found by the officers in the apartment constituted reversible error.

As was shown in our original opinion, the three pieces of paper were found by the officers in their search of the apartment for the liquor. The finding of the pieces of paper was a part of the res gestae of the transaction and the evidence was admissible as such. 18 Tex. Jur. par. 190, pages 305-308. Emerick v. State, 97 Tex. Cr. R. 50, 259 S. W. 1087 and Buchanan v. State, 104 Tex. Cr. R. 612, 286 S. W. 230.

*451The motion for rehearing is overruled.

Opinion approved by the Court.