Lera v. State

CHRISTIAN, Judge.

The offense is murder; the punishment, death.

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Harry Phillips by shooting him with a gun.

Omitting the formal parts, bill of exception No. 2, as qualified, reads as follows:

“The testimony showed that the cause of the death of deceased was a bullet fired from a pistol, entering just behind the left ear in the area of the mastoid bone, ranging upward and coming out of the head above and in front of the right ear.

“Before midnight or Christmas Eve, 1938, deceased and his fiancee, and…