Lee v. State

HARPER, Judge.

Appellant was indicted for murder, tried and convicted of the offense of manslaughter and his punishment assessed at five years confinement in the penitentiary.

This is the second appeal in this case, the opinion of this court on the former appeal being reported in 54 Texas Crim. Rep., 382.

1. Appellant in this case insists that the indictment charging him with murder in the first degree, and on the former trial having been convicted of murder in the second degree, which judgment was by this court reversed, he could not be again tried under that indictment. It is true appellant…