Mays v. State

DICE, Judge.

The conviction is for murder without malice, the punishment, five years in the penitentiary.

In view of our disposition of the case a recitation of the facts is not deemed necessary other than to observe that the evidence was undisputed that appellant killed the deceased by shooting him with a gun.

The court, in his charge to the jury, submitted the issue of appellant’s guilt of both murder with and without malice and appellant’s defensive issues of self-defense and accident.

Appellant timely filed his motion for new trial on the ground of jury misconduct which, after a hearing, was…