Smith v. State

HARPER, Judge.

This is the second appeal in this ease, the opinion on the former appeal being found in 57 Texas Crim. Rep., 455, 123 S. W., 698. On-this trial appellant was found guilty of manslaughter, and his punishment assessed at two years confinement in the State penitentiary.

The evidence is so fully stated in the decision on the former appeal, in view of the disposition of the case we do not deem it necessary to restate it here, although it varies in some particulars.

1. The first question raised is that the court erred in overruling appellant’s third application for a continuance, based…