Thompson v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

In his motion for rehearing appellant insists that we were in error in holding that certain evidence was admissible on the theory that a conspiracy existed between appellant and other parties engaged in the altercation. Deceased, an officer, attempted to take a pistol from one Andrew Castleberry who resisted arrest and was killed by the officer. Brothers of the deceased Castle-berry then engaged the officer in a pistol battle. Appellant entered the fight shooting the officer in the back. It appears that a short time before officers had killed a brother…