Davis v. State

OPINION

WOODLEY, Presiding Judge.

The offense is murder; the punishment, life.

The indictment alleged that appellant “did with malice aforethought kill Calvin Charles by shooting him with a gun.”

No motion to quash or exception to the indictment was filed.

Appellant’s first three grounds of error relate to the absence of an allegation that appellant “voluntarily” killed the deceased.

This court has held that though the murder statute (Art. 1256 V.A.P.C. enacted in 1927) in defining murder, provides “whoever shall voluntarily kill any person within this State shall be guilty of murder,” an averment…