Clark v. State

CHRISTIAN, Judge.

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

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Lewis Swinney by shooting him with a pistol.

The opinion on a former appeal is found reported in 61 S. W. (2d) at page 517. The testimony adduced on the present trial is substantially the same as that found in the record on the former appeal. Hence the opinion formerly rendered is referred to for a statement of the evidence.

Bill of exception No. 1 recites that State’s witness Melvin Swinney…