Johnnie Rankin v. State

LATTIMORE, Judge.

Conviction for murder; punishment, two years in the penitentiary.

That appellant shot and killed deceased is not disputed; but the defense asserted that the shot was accidental. This theory was submitted in the charge to the jury as follows:

“If from the evidence you believe that the defendant killed the deceased, but you further believe, or have a reasonable doubt thereof, that the shooting was by the accidental discharge of the shot gun in the hands of the defendant, you will find him not guilty.”

Appellant took the position that the jury should have been told in the charge…