Lary v. State

The plaintiff in error, hereinafter called defendant, was convicted in the district court of Marshall county of manslaughter in the first degree and was sentenced to serve a term of 25 years in the state penitentiary.

The record discloses that at the time charged defendant shot and killed one Frank Miller. Defendant was a police officer of several years’ experience. Miller was a young man 20' years of age, who worked, at a filling station at Midway near Red River and had paid some attention to a daughter of defendant, aged about 16 years. Defendant had informed Miller he did not allow his…