Lusk v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

In his motion for rehearing appellant insists that we should reverse this case because there was no charge on circumstantial evidence, the charge given being excepted to for such reason. We do not think this a case on circumstantial evidence. Positive proof was put before the jury of the fact that appellant struck deceased with a billiard cue; that he got astride the prostrate body of deceased as he lay on the concrete 'floor and beat him in the face with his fist as hard as he could, and stamped him with his feet. A doctor who came in while appellant…