Hays v. State

on state’s motion for rehearing.

BEAUCHAMP, Judge.

The State has filed a motion for rehearing, together with an exhaustive analysis of the evidence pertinent to the issue upon which reversal was based, in which the evidence in the case of Mowery v. State, 105 S. W. (2d) 239, and Taylor v. State, 179 S. W. 113, is reviewed and compared with the evidence relied on in the case now before us.

We have followed this analysis and the argument presented thereon, as well as other cases cited in behalf of the State’s position, and are unable to agree that the contrasted facts so treated sufficiently…