Benson v. State

ON MOTION FOR REHEARING..Tune 19, 1907.

HENDERSON, Judge.

This case was affirmed at a former day of this term, and now comes before us on motion for rehearing.

Appellant strenuously insists that the judgment of affirmance was erroneous because of the fact that in the opinion of the court we discredited appellant’s theory of self-defense, and among other things, he now brings before this court, in his motion for rehearing, affidavits re-enforcing that theory, and showing that deceased was actually armed with a knife at the time the homicide was committed. The affidavits show in effect that since…