Carter v. State

OPINION

ROBERTS, Judge.

The appellant was indicted for the offense of murder with malice. He was con victed of murder without malice and the jury assessed his punishment at two years’ imprisonment.

Because of our disposition of his fifth contention, it is unnecessary to discuss the other grounds of error raised in this appeal.

The appellant advanced self-defense at trial. The evidence reflects that appellant was visiting the deceased’s wife (later to become appellant’s wife) at the time of the homicide. According to appellant and deceased’s wife, the deceased drove up to the trailer house, pried…