Barbee v. State

ON REHEARING.

January 26, 1910.

RAMSEY, Judge.

We think on further reflection that there was error in the conclusion reached in affirming the judgment in this case and that a rehearing should be granted and the cause remanded for another trial.

The fourteenth and fifteenth paragraphs of the court’s charge are as follows: “14. Again, if you find and believe from the evidence that the defendant, E. L. Barbee, on the night previous to the homicide, was informed by his wife that the deceased, Lon Jenkins, had some time in July of the previous year, at the home of defendant, insulted his said wife by…