Williams v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

Upon the corrected record, we find that Bill of Exception No. 4 requires consideration. The bill complains of the refusal of the court to instruct the jury on the law as set forth in article 1223, P. C., 1925, touching the presumption of intent to kill or do serious bodily injury arising from the use of a deadly weapon. From the bill and from the evidence it appears, as shown in the original opinion, that in the conflict there was used an iron pipe about half an inch in diameter, twenty inches long and weighing about one or one and a half…