Murphy v. State

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

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

Appellant and deceased had been gambling on a marble machine. According to the testimony of appellant, a quarrel arose in which deceased called him a liar. The game terminated and the parties separated, but later met near the automobile of deceased. According to the testimony of witnesses for the State, deceased was cranking his automobile when appellant approached…