Stapp v. State

GRAVES, Judge.

This appellant was convicted of murder without malice, and his punishment fixed at three years confinement in the penitentiary.

This is the second appeal of this case, the former trial being reported in 147 S. W. (2d) 256, 140 Tex. Cr. R., p. 669. The facts are practically the same in each case, and we refer to the former report for such facts.

There are 43 bills of exceptions in the record, the major portion thereof being objections to the argument of the State’s attorney, and a request for the trial court to enter a mistrial herein. The careful trial court often instructed the…