Pena v. State

ON MOTION FOB REHEARING.

KRUEGER, Judge.

In his motion for a rehearing appellant claims that we erred in the original disposition of this case because we declined to sustain his contention that the trial court failed to affirmatively instruct the jury that if they believed from the evidence that defendant did not have the specific intent to kill the deceased at the time he stabbed him, or if they had a reasonable doubt thereof, they could not convict him of murder, and in declining to give appellant’s special charge to that effect. He earnestly insists that since the court charged the jury that…