Caldwell v. State

LATTIMORE, Judge.

Conviction for murder; punishment, fifteen years in the penitentiary.

This is the second appeal. The opinion upon the former appeal will be found in 118 Texas Crim. Rep., 401, 40 S. W. (2d) 131.

We see no good to come from an extended statement of the facts. It was admitted that appellant killed deceased by cutting her with a butcher knife. Self-defense was interposed, appellant claiming that deceased had threatened her, and that at the time of the homicide deceased had a piece of iron pipe. She testified:

“She drew back the pipe, and I clinched into her and we tussled, both…