Birchfield v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

We find nothing in this record, showing any attempt on the part of deceased to arrest appellant, or any fact which would bring the case at all in line with, what we said in Stanfield v. State, 38 S. W. (2d) 94.

Complaint is made that we did not discuss bills of exception 2 and 3. Bill 3 sets out argument of special prosecutor objected to, but wholly fails to bring forward facts by which we-may determine from the bill itself whether the objections were' tenable. Bill 2 shows a statement of facts in argument, as. being within the personal knowledge of the…