Whatley v. State

CHRISTIAN, Judge.

The offense is murder without malice; the punishment, confinement in the penitentiary for five years.

The trial was had in Harrison County on a change of venue from Marion County.

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

The State’s theory, given support in the evidence, was to the effect that appellant killed deceased without provocation.

Appellant’s testimony raised the issue of self-defense. According to his version, deceased had drawn his pistol and had it in his hand in an…