McNaulty v. State

CHRISTIAN, Judge.

The offense is murder; the punishment, confinement in the penitentiary for ten years.

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Sam Lewis by cutting him with a knife.

Appellant cut deceased to death with a knife at a dance which was being given by Emma Jordan. It was the State’s theory, given support in the testimony, that appellant killed deceased without provocation. It was appellant’s version, as shown in his own testimony and that of other witnesses, that he acted in self-defense.

It is shown in bill of exception No. 1…