
    Nick SMITHAM, Appellant, v. STATE of Texas, Appellee.
    No. 17757.
    Court of Criminal Appeals of Texas.
    Nov. 13, 1935.
    Rehearing Denied Dec. 4, 1935.
    Eddie Roark, of Dallas, for appellant.
    Lloyd W. Davidson, State’s Atty., of Austin, for the State.
   LATTIMORE, Judge.

Conviction for robbery; punishment, five years in the penitentiary.

This is a companion case to Earl Bryant v. State, 87 S.W.(2d) 722, opinion this day handed down. The records are practically identical, both in the testimony and in the special charges asked, the one bill of exceptions presented, and the complaints therein made. For the reasons set forth in the' opinion in Bryant v. State, supra, the judgment in the instant case will be also affirmed.

On Motion for Rehearing.

MORROW, Presiding Judge.

The motion for rehearing is based upon the same legal proposition as that in the companion case of Bryant v. State, 87 S. W.(2d) 722. The remarks made in the Bryant Case are deemed applicable to the present.

The motion is overruled.  