Cole v. State

*470GRAVES, Presiding Judge.

This is a conviction for murder, with punishment assessed at confinement in the penitentiary for ninety-nine years.

The indictment consisted of multiple counts; only those counts were submitted to the jury which charge: (a) the murder, with malice, of Vessie Lee McAlister by striking and hitting her with a hatchet, and (b) the murder, with malice, of Vessie Lee Mc-Allister by “driving an automobile, in which the said Vessie Lee McAlister was then and there riding, into and causing it to collide with a tree, thereby and therewith causing the body of her, the said Vessie…