Davis v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

We have examined the record again-in the light of appellant’s motion. According to state witnesses, appellant at night was riding a horse a short distance behind a car occupied by deceased and another. Appellant called to them to stop, and when they did not he fired his pistol, and a witness who saw the shot testified that the blaze went toward the car. That the pistol was pointed at the car was evidenced by the fact that deceased, one of the occupants of the car, was killed by the bullet. Appellant swore that he shot first merely to stop the car and…