Matheson v. State

OPINION

ONION, Presiding Judge.

This is a belated or out-of-time appeal. The conviction was for murder without malice aforethought wherein the punishment was assessed by the jury at four (4) years’ confinement in the Texas Department of Corrections.

The indictment charged in part that the appellant “did then and there unlawfully kill Thomas Edward Matheson by hitting the said Thomas Edward Matheson and shaking the said Thomas Edward Mathe-son with his hands. . . . ”

At the outset we shall consider the appellant’s grounds of error that the court failed to charge the jury, despite timely presented…