State v. Trent

Rehearing denied, September 27, 1927.

On Petition fob Beheabing.

(259 Pac. 893.)

BBOWN, J.

The defendant has filed a petition for rehearing. For a complete statement of the facts, which must be read in order properly to understand this opinion, see our original opinion filed February 8, 1927, ante, p. 444 (252 Pac. 975). Counsel for defendant assert:

“All the facts were practically admitted. The only defense defendant had was that of excusable homicide; that of accidental killing. That defense was not submitted.” Brief on Behearing, p. 27.

Had the record disclosed any testimony tending to establish…