Pinson v. State

LATTIMORE, Judge.

Appellant was convicted in the District Court of Shelby County of murder, and his punishment fixed at twenty-five years in the penitentiary.

The trial court submitted the issue of murder, manslaughter and aggravated assault and gave an instruction that the jury should find appellant not guilty if they found from the evidence, or had a reasonable doubt thereof, that death resulted from any other agency than that of the injury inflicted by appellant.

In applying the law to the facts the court in paragraph 8 of the charge gave the following:

“Now, if you believe from the evidence…