Court of Appeals of Texas October 29, 1884, No. 1801 (Cunningham v. State)

Hurt, Judge.

On the 6th of Hoveraber, A. D. 1883, E. L.‘ Cunningham, in the city of Fort Worth, shot and killed J. W. Fleming. For this offense he was tried, found guilty of murder of the second degree, the jury assessing his punishment at confinement in the penitentiary for five years. Judgment and sentence being rendered and pronounced, he appeals to this court.