Threadgill v. State

ON appellant’s motion for rehearing.

MORRISON, Judge.

Appellant’s able motion for rehearing directs our attention to Bills of Exception #4 and #5.

Bill of Exception #4 complains of the trial court’s failure to charge on the provisions of Art. 1223, P.C. In our original opinion we stated that the evidence did not raise the issue. There was a showing that the deceased had a gun in his hand but no showing that he was using the same as a firearm to make an assault upon appellant at the time appellant fired the fatal shot. A showing of such use at such time is essential in order to raise the issue.…