Mack v. State

LATTIMORE, Judge.

Appellant was convicted in the District Court of Hood County of manslaughter, and his punishment fixed at two years in the penitentiary.

On May 25, 1923, appellant shot and killed Dolph Smith. The weapon used was a shotgun. The shooting took place at appellant’s home, a little house situated north of the railroad in the town of Gránbury, Hood county, Texas. From the testimony we gather that shortly before the shooting there had been a difficulty between appellant and deceased in which the latter had used an axe and appellant an iron bar. Appellant’s wife had separated them or…