Burkhart v. State

ON MOTION FOR REHEARING

LATTIMORE, Judge.

We have carefully gone over appellant’s motion for rehearing. The case is most unusual. The killing of a lad by a man of mature years, by means of kicking and stomping him with his feet at or before daylight on a public road, in the presence of another boy, — would seem to justify the effort of the State in all those matters complained of in bills of exception 4 to 10, to show the condition of appellant’s mind and the character of his acts during the night and day preceding and following that of the homicide. Malice may be shown by evidence establishing…