Grant v. State

DAVIDSON, Presiding Judge.

This conviction was for manslaughter, the minimum punishment of two years in the penitentiary being assessed by the verdict of the jury.

The former appeal of this case will be found reported in 56 Texas Crim. Rep., 411. The evidence, we think, is sufficiently set forth in the former appeal without restating it in this opinion.

The court gave the following instruction: “The instrument or means by which a homicide is committed are to he taken into consideration in judging the intent of the party offending. If the means be such as are not likely to produce death, it is…