Tardy v. State

BROOKS, Judge.

This conviction was for manslaughter, the punishment assessed being three years confinement in the penitentiary. The former appeal is reported in 9 Texas Ct. Rep., 650.

Appellant criticises the court’s charge on provoking the difficulty. The charge complained of is an exact copy of the charge approved by this court in Matthews v. State, 42 Texas Crim. Rep., 31. The evidence called for this charge. Frank Shannon testified: “I was at the Katy depot in the afternoon that Mr. Thompson was killed. Just before he was killed, he and I were in a car, on the south side of the depot, and'…