Court of Criminal Appeals of Texas March 28, 1934, No. 16579. (Rogers v. State)

CHRISTIAN, Judge. —

The offense is murder; the punishment, confinement in the penitentiary for two years.

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Garnett Bearden by shooting him with a pistol.

Some time prior to the homicide appellant and deceased had engaged in an affray.