Echols v. State

ON REHEARING.

November 25, 1914.

HAEPEE, Judge.

—This case was affirmed on a former day of this term, and although appellant assigned many grounds in his motion for new trial, all of which were passed on in the original opinion, in his motion for rehearing in this court appellant assigns but one ground, and it. was not raised at the time of the trial nor in the motion for new trial, and is sought to be raised for the first time in this court.

The crime of which appellant was convicted is alleged to have occurred April 17, 1912. At that time the law divided murder into two degrees—murder upon…