Bailey v. State

CHRISTIAN, Judge. —

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

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Carroll Manning by shooting him with a gun.

The homicide occurred at night while deceased and others were engaged in shooting dice. As deceased was in the act of throwing the dice someone shot him in the head with a shotgun. Shortly prior to the shooting appellant, according to the version of witnesses for the State, was near the scene of the dice game with a shotgun. Two witnesses for the State…