ON MOTION FOR REHEARING
MORRISON, Judge.In our original opinion we held that the trial court did not err in overruling defendant’s motion for a mistrial made when the State offered the work sheet as evidence. Appellant urges that holding is incorrect. This Court has held that the mere offer of inadmissible evidence by the State is not reversible error where the objection is sustained and the evidence is not gotten before the jury. Parkman v. State, 149 Tex.Cr.App. 101, 191 S.W.2d 743, 747; Lovelady v. State, 150 Tex.Cr.R. 50, 198 S.W.2d 570, 572.
Appellant further contends that we were in error in holding that the trial court correctly overruled his motion for mistrial made when the State’s witness, Officer Owens, stated that the defendant had been offered an intoximeter test and had refused to take it. An attempt is made to distinguish the cases cited in our original opinion on the basis that here the testimony was not brought out on cross examination, but was received instead as an unresponsive answer. Appellant’s attention is directed to the case of Avant v. State, 168 Tex.Cr.R. 6, 323 S.W.2d 464, where on cross examination the appellant’s attorney was questioning an officer about an argument he had with appellant’s sister and brother-in-law. There appellant’s attorney determined that there was an argument and then asked “What about?”. The response was, “I offered the man a blood test”. This was held to be in reply to the question, and in view of the court’s instructions to the jury to disregard the answer, no reversible error was shown.
Remaining convinced that we properly disposed of this case originally, appellant’s motion for rehearing is overruled.