Cook v. State

HARPER, Judge.

—Appellant was convicted of murder in the second degree and his punishment assessed at twenty-five years confinement in the State penitentiary.

This is the second appeal in this case, the opinion on the former appeal being found reported in 71 Texas Crim. Rep., 533, 160 S. W. Rep., 465. We then held that the evidence did not present the issue of manslaughter, and although appellant earnestly insists that the issue is raised by the testimony, after a careful perusal of the record we see no reason to change our opinion. The deceased was named D. B. Hope. Appellant, some five years…