Hanners v. State

CHRISTIAN, Judge.

The offense is manslaughter, the punishment confinement in the penitentiary for five years.

This is the second appeal of this cause, the same having formerly been tried in the District Court of Hardin County, wherein appellant was convicted of the offense of murder. On appeal from said conviction, the cause was reversed by this court, as appears from the opinion in 284 S. W. 554.

Appellant lodged an exception to the court’s charge as follows:

“The charge as a whole is error because of the failure to give Art. 1261, P. C., the evidence showing that the injury inflicted by the…