Foley v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge. —

In a forcible motion for rehearing, supported by oral argument, appellant insists that this case should be reversed because the evidence falls short of that degree of conclusiveness which should appear in any case wherein the death penalty is assessed. In view of this insistence and the fact that the extreme punishment allowed by law was inflicted by the jury upon the trial, we have carefully examined, analyzed and sifted, as best we can, the facts in this case.

Appellant is a negro. He was charged with killing a white man. Deceased kept a drink stand…