Vasque v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

Appellant’s insistence that the verdict should not be permitted to stand under the facts has made another review of the evidence necessary. Some conflict in the testimony upon certain points is discovered, but that only raises issues of fact which of necessity the jury must settle. This court cannot say that the verdict finds no support in the evidence.

Regarding complaint at refusal of a special charge which sought to have the jury told that the danger must be apparent when viewed from the standpoint of accused, we make the following observations. In…