
    WILLIAMS v. STATE.
    (No. 4034.)
    (Court of Criminal Appeals of Texas.
    April 5, 1916.
    Rehearing Denied May 3, 1916.)
    1. Ckiminal Law @=>531(3) — Confession — Caution.
    It is not error to admit, in rebuttal of the evidence given by accused, his confession, where there is both testimony that he was warned as to its being used against him and a statement to that effect in the confession.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. § 1215; Dee. Dig. <®=>531(3).]
    2. Homicide @=>300(9)~Manslaugiitek- — Instructions — Unsupported by Evidence.
    Where there was no basis in the testimony for a special charge that if accused was under apprehension of death or great physical danger when he killed the deceased, he should not be found guilty of an offense greater than manslaughter, and no testimony that would raise the issue of manslaughter, refusal to give the charge held not error.
    [Ed. Note. — For other eases, see Homicide, Cent. Dig. § 624; Dec. Dig. @=3300(9).]
    Appeal from District Court, McLennan County; Nat Harris, Special Judge.
    
      John Williams was convicted of murder, and appeals.
    Affirmed.
    T. Edgar Johnson, of Waco, for appellant. O. C. McDonald, Asst. Atty. Gen., for the State.
   HARPER, J.

Appellant-was convicted of murder, and his punishment assessed at death.

There are but two bills of exception in the record. The first complains of the action of the court in admitting the confession of appellant in evidence. Assistant County Attorney Woods took the statement, and he testified to a state of facts which rendered it admissible. At the beginning of the confession is the following warning:

“I, John Williams, 'being under arrest and charged with the offense of murder and being warned by D. O. Woods, Asst. Co. Atty., that I do not have to make any statement at all in reference to said charge, and that any statement I make may be used in evidence against me on my trial for the offense concerning which my confession is herein made, do freely, voluntarily and without compulsion or persuasion make to the said D. C. Woods the following statement and confession.”

Then follows the confession, in which appellant admits having shot the deceased. Under such circumstances there was no error in admitting the confession in rebuttal of the evidence given by appellant on the trial.

The only other 'bill complains of the action of the court in refusing a special charge reading as follows:

“Gentlemen of the jury, you are instructed that if you believe from-the evidence that the defendant John Williams was'under the apprehension of death or great physical danger when he fired the shot that killed Allison Criner, then you cannot find the defendant guilty of an offense greater than manslaughter.”

There is no basis in the testimony for such charge, and no testimony that would raise the issue of manslaughter. Consequently there was no error in refusing to give such instructions.

The judgment is affirmed. 
      @=»For other eases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
     