Martin v. State

Appellant was convicted of murder without malice, and received a penalty of five years in the penitentiary.

Briefly, the facts show that one Sam Broughton had had a previous disagreement with appellant, and they met at a negro church on August 16, 1936, and during a difficulty, in which a pistol was produced by appellant, one Mote Butler received a shot in the back which severed his spinal cord, from the results of which he soon died.

There is but one complaint in the record as evidenced by appellant's bills of exception, all of which relate to the same thing; that is, a supplemental charge of…