Kilpatrick v. State

This is the second appeal in this case. See 189 S. W. 267. On this trial appellant was convicted of manslaughter, and his punishment fixed at five years’ imprisonment. The facts sufficiently appear from the opinion.

A -verdict of guilty was returned on December 22, 1917, in the afternoon. At once upon its reception the court informed counsel for appellant that they might prepare and present their motion for new trial at any time prior to the adjournment of his court, but that it was his invariable rule. to require all motions for new trials, which set up as grounds thereof misconduct of the…