Abernathy v. State

CATES, Judge.

This appeal was submitted September 30, 1965.

We quote from the appellant’s brief:

“The defendant was indicted for murder in the first degree. * * * A jury found [him] guilty [of voluntary manslaughter] and fixed his [punishment] at' one year and one day [in the penitentiary], * * * From [the ensuing] judgment he is appealing * * *

“FACTS

“ * * * The defendant and the decedent, Rogers Ross, were together on the evening of the fatal shooting, off and on from about 7:00 o’clock * * * until about 10:30 or 11:00 * * * There had been trouble between them previously, but * * * there was no…