Caraway v. State

Tile offense is manslaughter, and the punishment is 3 years in the peni*837tentiary. This is the second appeal of this case. The result of the first appeal is reported in 98 Tex. Cr. R. 119, 263 S. W. 1063, where a sufficient statement of the facts may be found.

Appellant’s first complaint is at what he terms the fundamental error of the court in requiring defendant to be tried by the regular jury rather than by a special venire. There is no bill of exceptions in the record presenting this matter, and no' fundamental error is shown. In any event, the fact that appellant had been acquitted of the…