Baker v. State

MORRO.W, Judge.

The conviction is for manslaughter, and punishment fixed at confinement in the penitentiary for two years.

That the appellant shot and killed the deceased is conceded. The issues of murder, manslaughter, and self-defense arose from the evidence, and were submitted. Appellant, insisting that the issue of murder was' not raised, complains of the fact that it was submitted to the jury, also of the manner of its submission. It is the general rule that where an acquittal of murder results no error can be successfully predicated upon charging upon that degree of the offense, unless it…