Haynes v. State

LATTIMORE, Judge.

Appellant was convicted in the District Court of Upshur County, of the murder of one Elias Williams, and his punishment fixed at ten years confinement in the penitentiary This is the second appeal. For our former opinion, see 84 Texas Crim. Rep., 6, 204 S. W. Rep., 430.

Upon the trial of the case, the court submitted the issues of murder and negligent homicide of the second degree. The charge upon the latter phase of the case contains the following:

1' Again, upon the issue of negligent homicide of the second degree, I give you this further instruction: If you shall believe…