Casey v. State

DAVIDSOU, Pkesidiktg Judge.

Appellant was convicted of murder in the second degree, his punishment being assessed at five years imprisonment in the penitentiary.

The record does not contain any ‘billa of exception. The errors assigned are directed against the charge of the court on manslaughter and self-defense.

1. In regard to manslaughter, the court charged as follows: “If 3rou believe from the evidence, beyond a reasonable doubt, that the defendant shot and thereby killed the sai'd J. F. Harrison, but you further believe from the evidence, that at the time he did so, the deceased had made an…