Diggs v. State

CHRISTIAN, Judge.

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

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Pete Lowery by shooting him with a gun.

According to the version of the State, appellant accused deceased of having theretofore taken six dollars from his possession. Deceased denied the accusation, and appellant shot and killed him. Appellant testified that deceased cursed him and was attacking him with a piece of concrete when he shot him.

Several bills of exception relate to the action of the…