Claxton v. State

In the motion for rehearing State's counsel insists that there were matters of evidence combatting the idea that at the time the fatal shots were fired into the body of the deceased, appellant's mind was, by adequate cause, rendered incapable of cool reflection. As we understand the record, there were certain facts established by uncontroverted evidence. Among them are the following: Otto Junek, J. N. McAlpine, J. A. Claxton and Jess Gunn were neighbors. They were farmers and men of family. The distance between the home of Gunn and that of the appellant was between 500 and 600 yards, and…