Manley v. State

HARPER, Judge.

Appellant in this case was convicted of murder in the second degree and his punishment assessed at forty years confinement in the State penitentiary.

This is the second appeal, the opinion of the court on the former appeal being reported in 62 Texas Crim. Rep., 392.

It appears that the militia, acting under the direction of its superior officers had roped or wired off a portion of certain streets in the City of Dallas near the Fair Grounds, on the occasion of President Taft’s visit, and the militia were given instructions to prevent any persons from entering the grounds so fenced…