Garner v. State

The appellant was charged with murder and convicted of manslaughter. His punishment was fixed at confinement in the penitentiary for five years.

[1, 2] We deem it unnecessary to recite the facts further than to say that the killing of the deceased by the appellant was not a controverted issue. It was the mitigating and justifying facts that were in controversy. Upon well-settled principles we think the words and' conduct of the appellant immediately preceding the assault made by'the deceased which resulted in his death were such as to render appropriate the charge upon the law of provoking the…