Lewellen v. State

BAKER, Judge.

The appellant was convicted in the District Court of Bell County for murder, and his punishment assessed at twenty-five years in the penitentiary.

This is the second appeal to this court. The first will be found in 90 Tex. Crim. Rep. 588, 236 S. W. 987. In the former appeal, the statement of the case is fully set out and we deem it unnecessary to reiterate the facts on this appeal.

In bill No. 1 complaint is made to the court charging the jury on provoking the difficulty, the objection being to the effect that the evidence did not raise this issue. This contention was decided…