OPINION ON REHEARING
ONION, Judge.In his motion for re-hearing, appellant vigorously attacks our conclusion that the evidence shows that the trailer house in question was mounted on blocks and leveled, and that the proof was sufficient to show that such structure was enclosed with walls and covered.
Appellant points out that the testimony of the witness Fletcher to the effect that the trailer house was mounted on blocks and leveled was given outside the presence of the jury. He is correct. Nevertheless, we observe that in the presence of the jury, Fletcher identified State’s Exhibit No. One as appearing to be a photograph of his burned out trailer house. Thereafter, the statement of facts reveal the following:
“Q (By Mr. Archer) Now, assuming this is your trailer house, now, can you tell us, can you show the Jury where the bedroom would be f
A Yes, sir. Assuming this is my trailer house, it would be right past that partition there.
Q What partition ?
A The one you can see in the picture there. This is the living room and dining area and there was a bedroom, bathroom and another bedroom.
Q All right, can you state, Tommy, where the fire was * * * It shows to be burned out, is that correct, right there?
A Yes, sir.
Q Where would the window have been ?
A This deal, there is two plate glass windows inside these frames. The second one down toward the back was the one that it came through.
Q All right. What came through?
A A beer bottle full of gas with a rag stuck in it.”
In absence of a timely objection, the display of the photograph before the jury and the elicitation of testimony concerning its features was tantamount to the introduction of the photograph and it could be properly considered as part of the evidence. Erwin v. State, 171 Tex.Cr.R. 323, 350 S.W.2d 199.
It is obvious from the above quoted portion of the record that the testimony relating to the photograph was elicited without objection, and it constituted evidence from which the jury could have concluded that the trailer house was a structure enclosed with walls and covered at the time of the offense.
It appears that the photograph, marked for identification as State’s Exhibit No. One, was never formally offered and introduced into evidence nor brought forward in the record. It, however, has now been made available to this Court upon our request. Such photograph discloses that the trailer house in question was mounted on blocks and leveled and was enclosed with walls and covered. Appellant’s contention is overruled.
*175Appellant still vigorously contends the evidence is insufficient for the jury to have concluded that the offense was committed in Ward County, Texas. In addition to what we said on original submission, we observe the evidence reflects that the Kent Service Station located in Ward County was situated one hundred yards south of the Interstate 20 bypass on the west side of the Grandfalls Highway, and that trailer house was “right behind” the said service station, and used the same meter for water and lights as the service station. We remained convinced of the correctness of our original ruling.
We further adhere to our holdings that the trailer house in question was a house within the meaning of Article 1307, V.A. P.C., and not a motor vehicle or trailer within the purview of Article 1318, V.A.P. C., and that the extraneous offense shown was admissible.
Appellant’s motion for re-hearing is overruled.