State v. Horton

Ness, Justice:

Heretofore, on the 31st day of August, 1978, this Court filed its opinion in this case. It is now before us as a result of a petition for a re-hearing. Upon a consideration of the petition, it is ordered that our former opinion be withdrawn and the following substituted therefor.

Appellant Horton was convicted of murder. We affirm.

The body of Ralph Alexander was found in Pickens County in the early morning hours of January 20, 1977. He had been shot and his pickup truck had been struck in the rear.

Initially, appellant challenges the constitutionality of the affidavit giving rise…