Canterberry v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

We discuss only a matter called to our attention by appellant’s'motion which was overlooked in our former opinion.

After 'defining murder and applying the law as it related to that charge the court told the jury if they found appellant guilty of any degree of homicide but had a reasonable doubt as to whether it was murder they would give appellant the benefit of the doubt, acquit him of murder and proceed to consider whether he was guilty of manslaughter. Then follows a charge explaining when homicide would be manslaughter. In applying the law as to that…