Barfield v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

Appellant insists that the trial court committed error in not charging on negligent homicide, and that we were wrong in our original opinion in holding that such theory was not supported by the testimony. As touching the point raised we again summarize the evidence as we understand it. .

Appellant and deceased appear to have met upon the day of the homicide by accident. The difficulty between them was occasioned by appellant having reported that deceased had burglarized a store, or, at least, that deceased believed appellant had made such report. The wife…