Lewis v. State

Appellant was indicted for the offense of murder in the first degree, tried, and convicted of the offense of manslaughter in the first degree. His punishment was fixed at' imprisonment in the penitentiary for a term of ten years.

All the evidence tended to show that defendant killed the deceased by a shot from a pistol, which shot was aimed at or for one Flennoy, with whbm defendant was engaged in a difficulty. This being the ease, defendant’s guilt or innocence is to be determined solely on the proposition of whether or not he would have been blameless had the shot killed Flennoy, for whom it…