Conn v. State

KRUEGER, Judge.

The offense is murder. The punishment assessed is confinement in the State penitentiary for a term of thirty years.

This is the second appeal of this case. The opinion delivered by this court on the first appeal is reported in 140 Tex. Cr. R. 202; 143 S. W. (2d) 1036.

The evidence in this case is not materially different from that adduced upon the former trial. It was the theory of the State, finding support in the evidence, that the appellant, with malice aforethought, killed Rufus Johnson. The defendant’s theory was that he shot and killed the deceased in self-defense. A more…