Barrow v. State

ON MOTION FOR REHEARING.

GRAVES, Judge.

Appellant contends in his motion for a rehearing that the testimony herein shows to an extent that reasonable minds can not differ thereon that appellant could not be guilty of any greater offense than murder without malice.

The State’s testimony does show that appellant was having some kind of an argument in what was known as the Dreamland Cafe on the Eagle Ford road in Dallas, such argument being *128had with Jack Parish, a nineteen year old boy; that the deceased, Otis Jenkins, whom appellant did not know, and who doubtless did not know appellant, was…