Shine v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

This case has given us trouble both upon original submission and upon motion for rehearing. We restate the testimony as a basis for our further observations. The parties interested were all negroes. A musical entertainment was in progress at Smith Johnson’s home. Gatlin, Otis Shankle, Son Douglass and appellant were all there. Gatlin and Shankle left together. Shankle details what occurred as follows: That as they reached the gate Gatlin fired five shots from his pistol and reloaded it after which the two of them walked on in the direction of the church;…