Pena v. State

KRUEGER, Judge.

The conviction is for the offense of murder, committed without malice; the punishment, three years in the State penitentiary.

In the light of the disposition we make of this case, an extended statement of the facts is not deemed called for. It appears that the State’s testimony was sufficient to show that appellant killed the deceased by cutting him in the stomach and stabbing him in the back, with a knife, without justification or excuse.

According to appellant’s version, the killing was one of self-defense from an actual attack by deceased with a knife.

The issue of self-defense…