Thompson v. State

CHRISTIAN, Judge.

— The offense is murder; the punishment death.

According to the state’s testimony appellant, a youth between seventeen and eighteen years of age, killed'A. L. Shook. There was an issue as to whether appellant was. seventeen years old at the time of the homicide.

The court’s definition of malice aforethought was not such as that the jury could clearly draw the distinction between a killing with malice and one without. This distinction should be made upon another trial, if any.

The witness Woodrow Davis was an accomplice and the court so instructed the jury. This further…