Bullock v. State

Appellant’s motion for rehearing is overruled by my brothren without written opinion.

The information upon which this appellant stands convicted charged that when, by negligence and carelessness, he shot and killed the deceased, the appellant was “then and there in the performance of a lawful act,” which lawful act was the handling of a pistol.

When my brethren affirm this conviction under that allegation, they hold that the acts and the conduct of the appellant in the handling of the pistol, as reflected by the facts, were lawful.

*424To me, such holding is wholly and utterly without foundation and…