Montalvo v. State

ON APPELLANT’S motion for rehearing.

MORROW, Presiding Judge.

In the original opinion, the declarations of the appellant at the time of his discovery, namely: “You are just in time, we are gathering our cattle; we are marking and branding our cattle. * * * When we were dragging these calves she was bawling too loud — making too much noise. * * * That is the reason I killed her, to get her out of the way,”' were made at the time the appellant appeared at the place where the officers previously found the cow that had been killed and the calves that were tied to a tree. In the original opinion,…