Chappel 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 Tom Banks by shooting him with a pistol.

It was the State’s theory, given support in the testimony, that the killing of the deceased by the appellant was unprovoked. Appellant testified that at the time he fired the fatal shot deceased had reached into his shirt bosom as if to pull a pistol and that he believed his life was in danger. The court submitted an instruction covering the law of…