Elam v. State

CHRISTIAN, Judge.

— The offense is murder; the punishment, confinement in the penitentiary for fifteen years.

This case was tried in Ellis County on a change of venue. A former appeal is reported in 115 Texas Crim. Rep., 137, 29 S. W. (2d) 347.

*345Appellant and deceased, Albert Griner, had had a difficulty some time prior to the homicide. A few weeks before he was killed deceased had shot appellant with a pistol. The testimony of appellant tended to show that in the first difficulty deceased attacked him without provocation. The testimony of the state tended to show appellant was in the wrong and…