Hewey v. State

The appeal is from conviction for manslaughter, with punishment fixed at confinement in the penitentiary for five years. The facts are sufficiently stated in report on former appeal, 81 Tex. Cr. R. 554, 197 S. W. 202.

The first hill of exceptions, complaining of proof thát appellant was angry, discloses no error. It was competent to prove that he appeared angry. Bennett v. State, 39 Tex. Cr. R. 648, 48 S. W. 61; Powers v. State, 23 Tex. App. 42, 5 S. W. 153; 5 Rose’s Notes on Texas Reports, p. 601. There is nothing in the hill to indicate that the testimony was irrelevant. In support of the…