Childers v. State

DAVIDSON, Judge.

Murder is the offense; the punishment, twenty years in the penitentiary.

That appellant killed deceased by stabbing or cutting him with some character of knife is not disputed. The State’s testimony shows an unprovoked and unjustified killing; that of the appellant shows a killing in self-defense, without malice and with no intent to kill.

The indictment charged that the killing was with a “dagger.”

It is insisted that the testimony does not meet that allegation but, to the contrary, shows that the instrument used was a “dirk” and that there is a material distinction between a…