State v. Daniels

On Rehearing

HAMLIN, Justice.

On original hearing, we set aside the conviction and sentence of defendant for the crime of “Public Intimidation,” holding that at the time of the occurrence of the alleged misconduct, defendant, a convict inmate at the State Penitentiary, did not have the specific intent required for the commission of the crime charged.

Two bills of exceptions were reserved during the course of trial. On this rehearing, we shall consider Bill of Exceptions No. 2,1 reserved to the denial of defendant’s motion for a new trial, in which' motion he alleged:

“ * * * there was no evidence…