McClendon v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for murder.' The court assessed the punishment at fifteen years.

The appellant contends that self-defense was shown as a matter of law; a variance existed between the allegation of the name of the deceased in the indictment; a remote felony conviction was used to impeach him; and, the court erred in refusing to charge on murder without malice.

The second contention will be considered first. The indictment alleged that the appellant killed Mose Dineal by shooting him with a gun. The name of the deceased was proved by several witnesses to…