Aills v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

Appellant earnestly insists that the charge of the trial court was fundamentally erroneous for the reason that same did not expressly refer to or submit to the jury that the killing must be upon malice aforethought. The indictment charged that the murder was upon malice aforethought. Appellant pleaded guilty and thus admitted all the material allegations of the indictment as well as the statutory elements of the crime charged. Bennett v. State, 98 Texas Crim. Rep. 661; Gipson v. State, 86 Texas Crim. Rep. 364; Williams v. State, 86 Texas Crim. Rep. 366,