Franklin v. State

CHRISTIAN, Judge.

The offense is murder without malice; the punishment, confinement in the penitentiary for five years.

It was charged in the indictment, in substance, that appellant, with malice aforethought,' killed Six Sanders by cutting him and stabbing him with a knife.

Although appellant and deceased were not married, they had. been living together for a number of months. According to the version of appellant, deceased had frequently threatened to kill her and had on occasions whipped her. The homicide occurred between two and three o’clock in the morning in a part of the town of Midland…