Royal v. State

GRAVES, Judge.

In his motion for rehearing it is afgued that the opinion is contrary to that expressed in Burt v. State, 138 Tex.Cr.R 540, 137 S.W.2d 1045, and many others, some of which were discussed in the Burt case. We will not discuss all of the decisions referred to. The Burt case will serve as a fair example to illustrate the point at issue.

Burt was an officer. He attempted to arrest a party who was fleeing by shooting at him and was charged with murder. He said: “I drew my gun to fire to the right of him. I didn’t intend to hit the boy at all. He hadn’t done nothing to me to try to…