(dissenting).
I remain convinced that this case was properly decided originally and that our opinion in Louvier v. State, 165 Tex.Cr.R. 167, 305 S.W.2d 574, cert. den. 356 U.S. 923, 78 S.Ct. 707, 2 L.Ed.2d 717, is controlling.
I respectfully dissent to the reversal of this conviction on the grounds relied upon by the majority.