Johnson v. State

MORROW, Presiding Judge.

The offense is murder; penalty assessed at confinement in the penitentiary for three years.

Upon an indictment charging murder with malice aforethought, the appellant was convicted of murder without malice.

This is the second appeal. The evidence adduced in the present case is not materially different from that which is adequately stated in the opinion on the former appeal. See Johnson v. State, 130 Tex.Cr.R. 596, 95 S.W.2d 968. A repetition of the evidence is not thought necessary; suffice it to say that the facts are deemed sufficient to support the conviction.

The…