Dockery v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

ROBERTS, Judge.

This is an appeal from a conviction for negligent homicide in the first degree, as denounced by Article 1231 of our former Penal Code. After finding the appellant guilty, the jury assessed punishment at confinement in jail for 180 days. See Article 1238 of the former Code.

Omitting the formal parts, the information alleged that on or about November 30, 1973, the appellant did then and there

“while in the performance of a lawful act, was handling a pistol and while doing so the Defendant, without an apparent intention to kill Burnette…