Garner v. State

HAWKINS, Judge.

The conviction is for manslaughter, punishment being five years in the penitentiary.

This is the second appeal. The opinion upon the first will be found reported in 89 Tex. Cr. R. 486, 231 S. W. 389. Appellant vigorously assails by many objections the charge given upon the issue of provoking the difficulty. It is as follows:

“You are further instructed as part of the law of this case, and as a qualification of the law of self-defense, that if you find and believe from the evidence, beyond a reasonable doubt, that the defendant, Tom Garner immediately before the difficulty, then…