Dockery v. State

OPINION

DOUGLAS, Judge.

Appellant was convicted for the offense of negligent homicide in the first degree under the former Code. His punishment was assessed by the jury at confinement in jail for 180 days.

Appellant was tried in 1974. He contends that he should not have been tried because negligent homicide is not named as an offense under the present penal code.

The information alleges in substance that appellant on or about November 30, 1973, while in the performance of a lawful act, was handling a pistol without an apparent intention to kill Burnette Clyde George (the deceased); that there was…