Dowd v. State

BAKER, Judge.

The appellant was convicted in the Criminal District Court of Dallas County for the offense of manslaughter, and his punishment assessed at five years in the penitentiary.

The record discloses that the appellant was charged with killing W. B. Berry, with malice, by shooting him with a shotgun about the 26th day of September, 1925, in the city of Dallas. It was the contention of the state that the homicide was committed by the appellant with deliberation, preparation and malice, and without any provocation upon the part of the deceased. The appellant defended upon the ground of…