Fitzhugh v. State

July 29,1943, appellant, Chester Fitzhugh, was convicted of the crime of involuntary manslaughter, and the jury fixed his punishment at nine months in the state penitentiary. From the judgment comes this appeal.

For reversal, appellant contends that the trial court erred in giving the state’s instruction No. 8; in giving appellant’s instruction No. 2 after modifying same, and in refusing to give appellant’s instructions Nos. 3 and No. 4.

A brief summary of the material facts most favorable to the state is as follows:

At about 12 o’clock on the night of June 17, 3943, appellant’s one-half ton…