Chappell v. State

HAWKINS, Judge.

Conviction is for murder, punishment being five years in the penitentiary.

This is the second appeal. The result of the first will be found reported in 50 S. W. (2d) 327. The facts in the present record are not materially different from those enumerated in the former opinion, and will not be here repeated unless found necessary in the discussion of some bill of exception.

Bill number one reserves exception to the court overruling appellants motion for new trial based upon the contention that in the present trial appellant was convicted of a higher grade of offense than upon the…