Rodriguez v. State

Christian, Judge.

The offense is murder.; the punishment, death.. It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Hope Estelle Hyman by shooting her with a pistol.

It was appellant’s version that his mind was in such condition that he was incapable of cool reflection at the time he killed deceased. The trial court submitted a charge on murder without malice. It was the State’s theory, given support in the evidence, that the killing was premeditated. This theory was submitted by the court in an instruction covering the law of murder with malice.

App…