Richardson v. State

LATTIMORE, Judge.

Conviction for murder; punishment, ten years in the penitentiary.

This case has been up on appeal twice, and reversal found necessary each time. See 70 S. W. (2d) 1003; 77 S. W. (2d) 215. We regret the necessity for another reversal, but have found no other alternative.

There was no denial of the fact that appellant shot and killed his son on the occasion mentioned in the indictment, but the defense was that the shooting was an accident. Jim Smith was one of appellant’s witnesses, and reliance was put upon his testimony to establish what was claimed by the defense as a res…