McNiel v. State

CHRISTIAN, Judge.

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

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Frank Turner by striking and beating the said Frank Turner with some instrument, the exact nature, size and description of the same being to the grand jurors unknown.

The proof on the part of the State was sufficient to warrant the conclusion of the jury that appellant killed deceased by striking him with some heavy instrument. The State’s proof *555was to the further effect that appellant had threatened to…