Clark v. State

CHRISTIAN, Judge.

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

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Lewis Swinney by shooting him with a pistol.

The homicide occurred at a dance. According to the version of the state, appellant left the dance for the purpose of procuring a pistol with which to kill deceased. Returning to the scene of the homicide, he asked where deceased might be found, and stated, in effect, that he was going to kill him. Deceased was standing near an automobile talking to some…