Smith v. State

HARWOOD, Presiding Judge.

Under an indictment charging murder in the first degree this appellant was, by the jury, found guilty of manslaughter in the first degree. Judgment was entered accordingly, punishment, being fixed at imprisonment in the penitentiary for a term of five years.

*159Since this judgment must be reversed because of error in the court’s oral instructions to the jury, to which exceptions were duly reserved, we will set out only a thumb nail sketch of the tendencies of the evidence offered below.

The evidence is undisputed that preceding the killing the appellant and deceased had…