Pena v. State

DAVIDSON, Judge.

Upon an indictment charging murder with malice, appellant *64was convicted of murder without malice and his punishment assessed at five years in the penitentiary.

Appellant confessed that he killed deceased by shooting him with a gun, and offered evidence that he shot in self-defense against the actual attack of deceased and others.

The conclusion is expressed that the facts support the verdict, and appellant’s contrary contention is overruled.

The jury having found appellant guilty only of murder without malice, his contention that the trial court erred in submitting to the jury…