Aguillar v. State

ON APPELLANT’S MOTION FOR REHEARING.

DAVIDSON, Judge.

Appellant insists with much earnestness that the facts are insufficient to show that deceased came to his death as a result *516of a blow on the head with a beer bottle inflicted by the appellant.

There is no question but that appellant struck the deceased over the head with a beer bottle and that deceased died within a short time thereafter.

Dr. Fussell, a duly licensed physician, who arrived at the scene of the difficulty before the deceased died, testified that deceased came his death as a result of concussion of the brain and that he based…