Bray v. State

*8ON APPELLANT'S MOTION FOR REHEARING.

CHRISTIAN, Judge.

As pointed out in the motion for rehearing, we were in error in stating in the original opinion that appellant operated a beer tavern. According to the statement of facts, he operated a dance hall where soft drinks were sold, there being nothing to indicate that he was engaged in the business of selling beer.

Appellant contends that we were not warranted in stating in the original opinion that he shot deceased without “any apparent cause, excuse or justification.” The statement complained of was made in that part of the opinion setting forth…