Calvert v. State

BETHEA, Judge.

Appellant was convicted of murder, and his punishment assessed at five years in the penitentiary.

The court declined to charge on manslaughter. Timely objections were urged because of this omission, and a special charge on the subject was presented, which was refused, as is shown by bill of exception No. 14.

As was said in the Lewis case, 231 S. W. 113:

“The court does not determine the weight of the testimony nor whether it is true or false in concluding whether to submit manslaughter. His only duty is to ascertain if any evidence raises the issue, regardless of what he may think…