Ex Parte Francis

on rehearing.

April 5, 1922.

MORROW, Presiding Judge.

—rThe record having been perfected, the order of dismissal is set aside, and on the merits of the ease, we have to say that the relator is held without bail upon a charge of murder, and brings the matter here for review.

The relator, a young man about twenty years of age, shot and killed Walter Tucker, an older man. Four shots were fired. The homicide took place in a small building, about twenty by forty feet, which was used as a grocery store. Several persons were present. Both the relator and the deceased had been in the building for some…