Mayhew v. State

(dissenting).—Appellant was convicted of manslaughter, his punishment being assessed at three years confinement in the penitentiary.

This is the second appeal of this case. On February 7, 1912, this case was reversed and mandate was issued on February 19th, the same month. On the 12th of February, 1912, the district judge, Thomas L. Blanton, entered an order as follows:

“It appearing to the court that the regular term of the January Term 1912 of the District "Court of Eastland County, Texas, convened the first day of January, A. D. 1912, and by law could continue for eight weeks, or until and…