Roper v. State

WOODLEY, Judge.

Appellant was convicted of murder without malice, the jury *61assessing his punishment at five years in the penitentiary and rejecting his plea for suspension of sentence.

The indictment charged the killing of McCreary Crow, with malice, by shooting with a gun.

The shooting occurred in the early morning hours just outside of the home of appellant and his wife. The deceased at the time of the shooting was at a point near the southwest corner of appellant’s house, some 15 feet from the front door. Appellant fired twice with a high-powered hunting rifle from a distance of about 30…