Harper v. State

ON MOTION FOR REHEARING.

BEAUCHAMP, Judge.

A very insistent motion for rehearing has been filed in this case. The position is taken that the original opinion making reference to the wound found and the conclusion as to the depth of the wound, and further saying that it “undoubtedly” pierced the aorta, was without support in the evidence of the case. We have carefully examined the testimony given by Mr. Moffett, a policeman, from which we quote the following:

“I found a very small wound and no blood at all on the outside and the way I discovered it was by a white spot. The wound had closed up it…