Fennell v. State

OPINION ON STATE’S MOTION FOR REHEARING

ONION, Judge.

Our original opinion is withdrawn and the following is substituted in lieu thereof.

The offense is Murder without Malice; the punishment, assessed by the trial court after a verdict of guilty, five (S) years confinement in the Texas Department of Corrections.

On original submission this cause was reversed and remanded on the grounds (1) that the facts were insufficient to show an unlawful killing and that the uncontro-verted evidence established self-defense as a matter of law, and (2) that the appellant was deprived of a fair and impartial…