Burns v. State

PRENDERGAST, Judge.

— Appellant was convicted of manslaughter and his penalty fixed at three years in the penitentiary.

Originally appellant and his brother, Beason' Burns, were jointly indicted for murder. They were first tried jointly and convicted. On appeal the judgment was reversed. The case is reported in 58 Texas Crim. Rep., 463.

Afterwards a severance was had and the venue properly changed from Grimes to Walker County. Beason Bums was there first tried and convicted, and on appeal that conviction was affirmed (65 Texas Crim. Rep., 175, 145 S. W., 356). In the reports of the other trials…