Marshall v. State

MORRISON, Presiding Judge.

The offense is murder without malice; the punishment, two years.

Our prior opinion is withdrawn.

In view of our disposition of the case, a recitation of the facts is not necessary.

The state called the witness Hamilton, and appellant objected to his testifying on the grounds that he was incompetent. On voir dire, appellant developed that Hamilton had been convicted in the United States District Court in Galveston, Texas, on July 1, 1924, of a felony in connection with “the liquor business,” fined $2500, and sentenced to one year and a day in the Federal penitentiary, at…