op. on mtn. for reh’g
How later courts described this case
- op. on mtn. for reh’g
Written by the judges who cited it.
The opinion
ON APPLICATION FOR LEAVE TO FILE SECOND MOTION FOR REHEARING.
LATTIMORE, Judge.
The application for leave to file second motion for rehearing will be denied. The only matter attempted to .be raised, viz: that the trial court erred in not charging on circumstantial evidence, was discussed in the original opinion, and when the matter was up for rehearing it was then thought that said proposition did not present a suggestion of error on the part of the learned trial judge. Appellant testified positively to his presence at the time of the homicide, but averred that the fatal blow was struck by Burl Kemp. All the facts and circumstances in evidence by the other
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State witnesses as well as by tbe accomplice Kemp made plain tbe proposition that not only was appellant present but participated in' tbe killing and in tbe removal and secretion of tbe body, etc.
Tbe leave prayed for will be denied.