Powell v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

The State questions the soundness of our conclusion as expressed in the original opinion, in a motion for rehearing, supported by an able oral argument. Upon reflection we are convinced that for good reasons the motion for rehearing should be granted.

Briefly stating the facts, — at the early hour of 6 o’clock A. M., as fixed by witness Witten; between daylight and sunup, as fixed by Mr. Keith, when apparently every person in the little village, including deceased, was asleep, — a shot was fired into the body of Means who was on a cot in the garage…