Tiner v. State

Gould, Associate Justice.

Appellant, Mark Tiner, was tried under an indictment charging him with the murder of Cornelius Fahey, a policeman of the city of Austin, the result of the trial being a conviction of manslaughter.

Taken most strongly in favor of defendant, the evidence might lead to the conclusion that, as he was riding in the streets of Austin near the hour of midnight, he was ordered to halt by two persons who were, but whom he did not know to be, policemen, and that whilst he was himself simply seeking to avoid them he was by one of them fired upon, and in his own necessary defense…