Bell v. State

HAWKINS, Judge.

The offense is murder; the. punishment, confinement in the penitentiary for ten years.

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed John Clements by shooting him with a pistol.

The testimony on the part of the state was to the effect that appellant had threatened to kill deceased. Witnesses for the state testified that appellant crossed the street with a pistol in his hand to the sidewalk where deceased was standing, and that, as deceased turned toward him, appellant shot him. These witnesses declared that deceased was making no…