Nix v. State

ON APPELLANT’S SECOND MOTION FOR REHEARING.

BEAUCHAMP, Judge.

Ardent and earnest counsel representing appellant have presented this appeal, as the case was tried, with very exhaustive brief and argument followed by like diligence in their motion for rehearing.

There is nothing in the surrounding circumstances to excite one accustomed to appraising evidence and to assure him against a probability of the accused being the victim of an irresponsible and wreckless witness. We must, however, take the record as it is presented and that includes the conclusion of the jury on matters of fact. From their…