Webster v. State

The state asks for a rehearing on the ground that the supposed error in the charge for which reversal was ordered, is not sustained by the record, and that the two other matters deemed erroneous were not of such importance as to call for a reversal.

We are of the opinion that it is not sound to attempt to lay down any hard and fast rule that every case must be reversed in which the paragraph presenting affirmatively the theory of the defense does not contain an application thereto of the law of reasonable doubt. The cases of Hathcock v. State, 281 S.W. 859, and Tucker v. State, 281 S.W. 869,…