Chambers v. Cagle

On Rehearing

HARWOOD, Presiding Judge.

In brief in support of appellee’s application for rehearing, counsel for appellee aver that we erred in stating that appellant Chambers was not present when the assault occurred.

Counsel, in support of this contention, excerpts part of the testimony of the witness Stone, this testimony being to the effect that Chambers had told Stone he would give him $10 to whip Cagle, and when they went to the polling place Chambers had nodded his head toward Cagle to 'identify him.

Stone then testified that he called Cagle out in the hall and hit him.

This evidence does…