Mosley v. State

ON APPELLANT’S MOTION FOR REHEARING.

DAVIDSON, Judge.

In his motion for rehearing, appellant insists that the repeal of statutory adequate cause under the old manslaughter statute did not repeal, change, or affect the excessive force rule, which he here urges should have been submitted to the jury, and by which his punishment would have been only for murder without malice.

As supporting this contention, he calls attention to the fact that the excessive force rule was never the creature of or demanded by statute, but was written into the law of manslaghter by the decisions of this court, and that…