Beverly v. State

KRUEGER, Judge.

Appellant was convicted of murder with malice, and his punishment was assessed at confinement in the state penitentiary for a term of ten years.

Appellant’s first contention is that the court erred in declining to instruct the jury on the law of accidental homicide. In order to properly dispose of this question we deem it necessary to make a rather extended statement of the testimony adduced at the trial.

The testimony adduced by the State shows that on Sunday morning, sometime after appellant, the deceased, and Blue Ross had returned from a dice game, the deceased came to…