On Motion for Rehearing.
In this case, as in the case of I.-G. N. R. Co. v. Oehler, 262 S. W. 785, this day. disposed of, complaint is made of the form of the judgment rendered. The motion for rehearing will be overruled for the reasons stated in the discussion of a similar motion In that case.
Appellant also calls attention to the conflict between the holding of this court and other Courts of Civil Appeals in construing article 8201 of Vernon’s Ann. Penal Code Supp. 1918, and asks that the question be certified to the Supreme Court. Since this is a ease in which the jurisdiction of.this court is not final, there is no occasion for certifying. The question can be taken before the Supreme Court on writ of error. Braumiller v. Burke, 111 Tex. 145, 230 S. W. 400; Fruit Dispatch Co. v. Rainey et al., 111 Tex. 266, 232 S. W. 281.
The motions are overruled.