victim was fatally attacked when retreating from argument with defendant
How later courts described this case
- victim was fatally attacked when retreating from argument with defendant
- Brock and Henry, JJ., dissenting
Written by the judges who cited it.
The opinion
OPINION ON PETITION FOR REHEARING
COOPER, Justice.
Vestal Everett has filed a petition to rehear insisting that he was deprived of effective assistance of counsel in the trial court and that he did not receive a fair trial. He also insists that the evidence preponderates against the verdict of first degree murder. These assignments of error are rearguments of basic issues considered by this court in the several opinions filed, which is not the office of a petition to rehear. See Overstreet v. Norman, 44 Tenn.App. 343 , 314 S.W.2d 47 (1958). However, we have again considered the issues in the light of the argument of counsel and have concluded that the petition to rehear is without merit.
The petition to rehear is overruled.
FONES, C. J., and HARBXSON, J., concur.
BROCK and HENRY, JJ., dissent.