Tores v. State

ON REHEARING.

May G, 1914.

HARPER, Judge.

—The motion for rehearing in this case was not received by the clerk until the 27th clay of April, four days after the mandate had issued, but inasmuch as the death penalty was assessed we. ordered the mandate recalled and permitted the filing of the motion for rehearing, for the members of this court, like all other citizens of Texas, do not desire this extreme penalty inflicted unless the evidence justifies and the record discloses that the appellant has had a fair and impartial trial, and there is no error in the record that could have injuriously…