Merritt v. State

LATTIMORE, Judge.

In this case appellant was convicted, in the Criminal District Court of Bowie County of the offense of manslaughter, and his punishment fixed at two years confinement in the penitentiary.

Enough of the facts will be stated in the opinion. The eighth paragraph of the court’s charge, wherein he submits negligent homicide, makes the guilt of appellant depend on whether the evidence showed it to be apparent to the appellant at the time he struck at the witness Johnson, that deceased was in danger of being killed. A charge should not be given without, at least, some evidence to…