348 SO2D 1083 - Mainor v. State

How this case has been cited

Cited by 5 later decisions — most recently December 1995

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1ON REHEARING

PER CURIAM.

¶2At the request of the State, we extend the opinion to include the following facts:

“1. No witness testified to seeing who fired the shots immediately after the convict entered the house on the night of the killing.

“2. There is no evidence in the record at to whom or what, if anyone or anything, the first shots on the night of the killing were directed.

“3. There is no evidence in the record of any difficulty or other relationship of any sort between the convict and the deceased until the minute or two immediately prior to the killing when they ‘tus-seled’ over the convict’s gun.”

¶3After considering these facts in addition to those set out in the original opinion, and the arguments in briefs in support of the application for rehearing, we are still of the opinion the original decision was correct.

¶4OPINION EXTENDED.

¶5APPLICATION FOR REHEARING OVERRULED.

¶6All the Judges concur.