Clary v. State

KRUEGER, Judge.

The offense is murder. The punishment assessed is confinement in the State penitentiary for a term of five years.

Appellant killed the deceased on a Sunday morning after they had ridden around for quite a while in the deceased’s automobile and imbibed rather freely of whisky. The State’s testimony shows a deliberate murder without any excuse or justification. Appellant, who testified for himself, raised the *335issue of self-defense. He claimed that the deceased made an attack upon him with a pocket knife.

Bill of Exception No. 2 reflects the following occurrence: After all the…