Dodd v. State

Upon further consideration of this case, we think the application for rehearing is due to be denied and it is so ordered. The original opinion, however, is withdrawn and this opinion substituted as expressive of our views.

The only point to be noticed is whether or not there was error in overruling the motion for a new trial. Without entering into a detailed discussion of the evidence, it will suffice for the purposes of this opinion to mention that the deceased intercepted the two defendants as they were traveling alone along a highway in Marion County and, without a warrant or notice to them…