McDowell v. State

DAVIDSON, Presiding Judge.

— Appellant was convicted of murder in the second degree, his punishment being assessed at five years confinement in the penitentiary.

Submitting the issue of murder in the second degree the court thus charged the jury: “If you believe from the evidence, beyond a reasonable doubt, that the defendant, in the County of Collin and State of Texas, on the 21st day of May, 1911, as alleged with a knife which was then and there from the manner of its use, a deadly weapon, did cut T. W. Allred and thereby kill T. W. Allred as charged in the indictment, you will find him…