McBride v. State

LATTIMORE, Judge.

Conviction for murder; punishment, twenty-five years in the penitentiary.

There appear three counts in the indictment, two of which charge murder with malice aforethought, the other murder without such malice. The court in his charge told the jury that they could not fix a penalty of more than five years in the event of conviction, unless they believed beyond a reasonable doubt that the defendant acted with malice aforethought in the killing. The verdict of the jury was in general terms and assessed a punishment of twenty-five years in the penitentiary. Under all the…