Forest v. State

MARTIN, Judge.

Offense murder, punishment life imprisonment in the state penitentiary.

The indictment charges appellant with the murder of W. A. Gray, and is in six counts. The charge of the court submitted four of these, authorizing a conviction if the killing was done in either of the four means alleged in the indictment, one of which was “in a way and manner and by the use of instruments and means and weapons which were unknown to the grand jury.”

The evidence shows that appellant and deceased played poker together practically all night preceding the homicide and a part of the day of the…