Hart v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

Appellant was indicted for murder and on the former trial was convicted of manslaughter, with punishment assessed at confinement in the penitentiary for a period of two years. The appeal resulted in a reversal. See 95 Tex. Crim. Rep. 566, 255 S. W. Rep. 414.

On the present trial the court instructed the jury thus:

“The defendant stands charged by indictment with the offense of manslaughter, alleged to have been committed in the county of Eastland and State of Texas, on or about the 23d day of May, 1922. To this charge the defendant has pleaded…