Abell v. State

CHRISTIAN, Judge.

Under an indictment charging murder, appellant was convicted of negligent homicide of the first degree and his punishment assessed at six months’ confinement in the county jail.

Appellant contended in the trial court and now contends that the evidence raised the issue of an accidental killing. In paragraph 14 of the charge the court instructed the jury that “homicide is excusable when the death of a human being happens by accident or misfortune, though caused by the act of another who is in the prosecution of a lawful object by lawful means.” He further instructed the jury in…