Kelman v. State

The offense is murder; the punishment, confinement in the penitentiary for 25 years.

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed L. W. Opitz by shooting him with a gun.

The testimony on the part of the State was to the effect that appellant shot deceased two or three times without provocation. Appellant and deceased had had prior difficulties resulting from the fact that deceased had accused appellant of strewing tacks on a road over which the deceased operated his motor trucks. Moreover, it appears that appellant had accused deceased of…