Crenshaw v. State

ON state's motion for rehearing.

HAWKINS, Presiding Judge.

The State has filed a motion for rehearing insisting that we are in error in reversing the judgment for refusal of the trial court to grant a new trial for newly discovered evidence .

It is quite clear from the entire record that it was the theory of the State that Crenshaw had become incensed at deceased, Hammond, because the latter was insisting upon Crenshaw moving from the place, and that he was the aggressor, and killed Hammond for the sole reason of his insistence that Crenshaw move. It was appellant’s theory that Hammond was not…