
    WHITEN v. STATE.
    (Court of Criminal Appeals of Texas.
    Dec. 4, 1912.)
    Appeal from District Court, Harrison County; H. T. Lyttle-ton, Judge. Willie Whiten was convicted of manslaughter, and he appeals.
    Reversed and dismissed.
    Beard & Davidson, of Marshall, for appellant.
    C. E. Lane, Asst. Atty. Gen., for the 'State.
   DAVIDSON, P. J.

Appellant was convicted of manslaughter; his punishment being assessed at three years’ confinement in the penitentiary. This record is in the same condition as that in the case of Woolen v. State, 150 S. W. 1165, and Mayfield v. State, 151 S. W. 303, recently decided. For the reasons for holding the indictment defective in those cases, the indictment herein will also be held unwarranted by law. Therefore, the judgment is reversed, and the prosecution ordered dismissed.  