Bilberry v. State

MORROW, Presiding Judge.

— The offense is manslaughter; punishment fixed at confinement" in the penitentiary for a period of five years.

There was a former appeal from a judgment assessing a like penalty. A report of the decision will be found in 103 Tex. Crim. Rep. 572.

The appellant shot and killed Flurry Gibson. The tragedy occurred at Mt. Olive school house at which there was a gathering of people. About ten o’clock at night the meeting adjourned, and the persons present were leaving the school house. The appellant appeared and accosted Gibson, charging him with either having reported the…