Swilley v. State

Conviction for murder; punishment, life imprisonment in the penitentiary.

This case is in a condition of much conflict, upon its facts, and in view of our disposition of the case we deem it not necessary to discuss the testimony.

The indictment charged that appellant did voluntarily kill H. J. Hendrix by shooting him with a gun. For the first time since the passage of Chap. 274, Acts Regular Session 1927, re-defining the offense of murder, — the point is made that while it is sufficient under said act for an indictment for murder to charge that the accused did voluntarily kill, etc., — that in…