Shed v. State

HARPER, Judge.

— Appellant was indicted, charged with murder, and when tried was convicted of manslaughter, and his punishment assessed at two years confinement in the penitentiary.

Appellant, in bill of exceptions No. 1, complains that the court did not give in charge the provisions of Article 1102, that “homicide is justifiable when committed by the husband upon the person of anyone taken in adultery with the wife; provided, that the killing take place before the parties to the act of adultery have separated.” The evidence of defendant is not of that force and cogency as to raise this issue —…