Edwards v. State

HABPEB, Judge.

—Appellant was convicted of murder upon implied malice and his punishment assessed at five years confinement in the State penitentiary.

One of the main contentions of appellant is that the court erred in submitting the issue of murder in the first degree and second degree,— that the evidence only shows appellant to be guilty of manslaughter, if guilty of any offense. If we view the case solely from the evidence-offered in behalf of appellant, doubtless this would be true, but when we take the evidence offered in behalf of the State we think it would clearly authorize a conviction…