Gardner, Alias Garner v. State

DAVIDSON", Presiding Judge.

Appellant was convicted of murder in the first degree, and his punishment assessed at death.

There are no bills of exception, and the case will be treated from the standpoint of the motion for new trial. The special charge requested by appellant on manslaughter was refused, and the court did not give a charge on this subject. This is assigned as error. Appellant took the stand in his own behalf, and among other things states that, as he was passing a bakery en route home from his work at the close of the day, he bought a nickel’s worth of cakes, and began eating…