Heffington v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Lee. Tried below before Hon. Ed. E. Sinks. Appeal from a conviction of manslaughter; penalty, two years imprisonment in the penitentiary. The indictment charged appellant with the murder of W. M. Mun-dine, on the 22d day of April, 1899, by shooting him with a pistol. The opinion states' the essential facts in the case.
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Appeal from the District Court of Lee. Tried below before Hon. Ed. E. Sinks. Appeal from a conviction of manslaughter; penalty, two years imprisonment in the penitentiary. The indictment charged appellant with the murder of W. M. Mun-dine, on the 22d day of April, 1899, by shooting him with a pistol. The opinion states' the essential facts in the case. The defendant’s special requested instructions numbers 1 and 2, which are referred to in the opinion, and which were refused by the trial court, are as follows, viz.: “Although you shall believe that the defendant, M. K. Heffington, may have…
1Opinion of the Court
HERDERS OR, Judge.
Appellant was convicted of manslaughter, and his punishment assessed at two years confinement in the penitentiary, hence this appeal.
The killing for which appellant was indicted occurred at Lexington on April 22, 1899. Deceased and appellant had a casual meeting in said town. It appears that E. W. Rowland and appellant were standing on the gallery of Wheatley’s saloon, which is on the north side of the public square, and were engaged in conversation. Mundine, the deceased, came up, and also entered into the conversation. Deceased was standing with his left hand on…
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