Sanders v. State

WOODLEY, Judge.

The offense is murder; the punishment, life.

The indictment alleged that appellant, on or about the 5th day of July, 1964, “did with *736malice aforethought kill James Mason by-shooting him with a gun.”

Appellant moved to quash the indictment because of the absence of an allegation that he “voluntarily” killed the deceased.

This Court held in Crutchfield v. State, 110 Tex.Cr.R. 420, 10 S.W.2d 119, that an averment that the killing was done “with malice aforethought” was sufficient, though the statute defining murder provides “whoever shall voluntarily kill any person within this state…