Borroum v. State

In disposing of the complaint presented in bill of exception number one, in our original opinion we used the following language:

"If appellant shot the deceased while the latter was advancing upon him with the bar of iron after appellant's gun had been fired twice, the last shot being fired in the direction of deceased, then appellant would unquestionably be guilty of manslaughter."

Appellant urges in his motion for rehearing that the view thus expressed could only be based upon the assumption that the testimony of appellant and his wife to the effect that the two first shots were fired…