Garner v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Bed Biver. Tried below before Hon. E. D. McClellan. This appeal is from a conviction for manslaughter, the punishment assessed being a term of two years in the penitentiary. The opinion states the case very briefly, but sufficiently.
1Opinion of the Court
HENDERSON, Judge.
The appellant in this case was tried under an indictment charging him with murder. The jury found him guilty of manslaughter, and assessed his punishment at confinement in the State penitentiary for a term of two years.
The appellant, in his first assignment of error, complains of the following language in the court’s charge: “While the defendant was not bound to retreat when Blackburn assaulted him, if he did assault him, yet, if he did retreat to a place of safety, and if, after getting out of danger, and without any reasonable grounds to apprehend any further injury from…
2Cited by7 opinions
- Howard v. StateCourt of Criminal Appeals of Texas · 1908
- Neyland v. StateCourt of Criminal Appeals of Texas · 1916
- Bordeaux v. StateCourt of Criminal Appeals of Texas · 1909
- Baldridge v. StateCourt of Criminal Appeals of Texas · 1903
- State v. CookIdaho Supreme Court · 1907
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