Beamon v. State

ON MOTION FOR REHEARING.

GRAVES, Judge. —

After re-examining the record we express our views in the language of Judge O. S. Lattimore as embraced in the opinion he prepared herein shortly prior to his death, but which was not taken into consultation. We quote his language as follows:

“Appellant moves for rehearing, urging that the trial court did not apply the law of murder without malice to the facts, to which exception was taken in writing, and that we erred in not upholding this contention.

“Two exceptions were taken to the court’s charge, one of which complained of the submission of murder…