Evers v. State

BRICKEN, Presiding Judge.

The indictment charged appellant with murder in the first degree, in that he unlawfully and with malice aforethought killed Jesse Pearson by shooting him with a gun or pistol. The trial resulted in the conviction .of appellant of manslaughter in-the first degree, and his punishment was fixed by the jury at forty-two months’ imprisonment. Whereupon the court duly and legally sentenced him to imprisonment in the penitentiary for the term stated. Erom the judgment of conviction pronounced and entered, this .appeal was taken.

The evidence discloses without dispute or…