Ballard v. State

HARPER, Judge.

Appellant was indicted, charged with murder, and upon a trial he was convicted of manslaughter and sentenced to two years in the penitentiary, from which judgment he has appealed to this court.

The undisputed evidence shows that appellant had spent the day away from home, and going by a neighbor’s after his wife, he met her, and she told him she had started home, the road leading through the woods, and had seen a negro on a mule, and by his acts and conduct the negro had frightened her, and she had run back. She was excited, and from his wife’s statement appellant became excited,…