Clark v. State

GRAVES, Presiding Judge.

The conviction is for murder with malice; the punishment is assessed at confinement in the state penitentiary for 15 years.

This is the second appeal of this cause, the former opinion being found in 158 Texas Crim. Rep. 180, 254 S.W. (2d) 106. The facts presented herein are practically the same as those set forth in the former opinion. Therefore they will not be repeated here.

Appellant has presented certain bills of exception which will be found in Bills Nos. 1 and 2, which relate to the same matter and will be discussed together. The state called one, Joe Mitchell, as…