Sadler v. State

The indictment was in three counts. The second and third charged negligent homicide under Article 1242, Vernon’s Ann. P. C., in that appellant, while committing an aggravated assault and battery, he being a male and deceased being a female, through accident and mistake killed deceased by striking her in the face with his hands- and fists. It is apparent from the way the indictment was drawn that there was serious-doubt, in the minds of the prosecutor and the grand jury which returned the indictment, that the evidence was sufficient to-support a conviction under the count charging murder. The…