McMurrey v. State

ON MOTION FOR REHEARING.

BEAUCHAMP, Judge.

The burden of appellant’s very forceful argument in support of his motion for rehearing centers around his contention that there was insufficient evidence to show intent on the part of appellant to murder the party assailed at the very time the attack was made. In presenting the argument in behalf of this contention a review is made of the lengthy evidence on the subject. It will not be necessary to quote from the record further than that which has been referred to in this motion

It is admitted in the motion that the assault was unprovoked. This within…