Cook v. State

DAVIDSON", Judge.

Appellant was convicted of manslaughter, his punishment being assessed at two years confinement in the penitentiary.

Th,e question of suspension of sentence was passed on under submission by the court to the jury. The jury found that appellant had not heretofore violated the law, etc., but failed or refused to suspend his sentence. That is the only question presented for review. It may be said, it is presented from two viewpoints, first, that the law is unconstitutional, and, second, that if not, then the law should be so construed that in all cases where the jury find the…