Murphy v. State

OVERRULING OF APPELLANT’S MOTION FOR REHEARING.

Because I find that the majority erroneously overrules appellant's motion for rehearing without opinion, I am compelled to dissent.

The original opinion in this cause should either be withdrawn or overruled because it erroneously concluded that the death of the deceased was not caused by the same act which constituted the commission of the offense of arson. However, the indictment in this cause alleges on its face that the starting of the fire was the act which constituted both the underlying offense of arson and the “clearly dangerous” act which…