Rogers v. State

CHRISTIAN, Judge. —

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

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

Some time prior to the homicide appellant and deceased had engaged in an affray. Appellant’s version was that, after the affray, deceased had become imbued with the idea that appellant was responsible for the fact that he (deceased) had been required to pay a fine in excess of that assessed against appellant. Appellant and his witnesses testified…