Williams v. State

OPINION

MORRISON, Judge.

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

In view of the fact that this conviction must be reversed, a recitation of the facts will not be deemed necessary.

Appellant’s Bill of Exception No. 5 and his exception to the court’s charge found in the record disclose that while the court was reading his charge to the jury, appellant’s counsel observed for the first time that it contained a misstatement of the law in that it assumed that the jury had already found appellant guilty and was at that time passing upon the question of punishment only, which…