Clark v. State

267 S.W.2d 147 (1954)

CLARK

v.

STATE.

No. 26851.

Court of Criminal Appeals of Texas.

March 3, 1954.

Rehearing Denied April 21, 1954.

Ray T. Stevens, Austin, for appellant.

Austin F. Anderson, Crim. Dist. Atty., Anthony Nicholas, Jr., Asst. Crim. Dist. Atty., San Antonio, Wesley Dice, State's Atty., Austin, for the State.

GRAVES, Presiding Judge.

The conviction is for murder with malice; the punishment is assessed at confinement in the state penitentiary for 15 years.

This is the second appeal of this cause, the former opinion being found in 254 S.W. 2d 106. The facts presented herein are practically the…