Adams v. State

ON MOTION FOR REHEARING.

DAVIDSON, Judge.

Appellafit insists that the facts are insufficient as a matter of law to show a killing upon malice aforethought, and that we erred in reaching a contrary conclusion. He relies upon the cases of Ely v. State, 139 Tex. Cr. R. 520, 141 S. W. (2d) 626, and Parks v. State, 131 Tex. Cr. R. 464, 99 S. W. (2d) 943, as supporting his contention.

In the Ely case, the killing occurred as a result of, and in connection with, an illegal arrest. No such situation is presented in the instant case. In the Parks case, the killing occurred only after the accused “had…