Kincaid v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of murder in the second- degree, his punishment being assessed at five years confinement in the penitentiary.

1. Applying the law to the case the court gave the following charge:

“if you believe from the evidence, beyond reasonable doubt, that the defendant, in the county of Caldwell and State of Texas, on the 24th day of February, 1911, as alleged, with a deadly weapon did shoot and thereby kill Estell Corbell as charged in the indictment, you will find him guilty of murder in the second degree, and assess his punishment at confinement in the…