Court of Criminal Appeals of Texas November 13, 1968, 41537 (Perkins v. State)

OPINION

ONION, Judge.

The offense is murder without malice; the punishment, five years in the Texas Department of Corrections.

The indictment charged the appellant with the murder of Edgar Frazier Willis while engaged in an act of assault with intent to commit murder upon John Henry Tanghlyn. See Article 42, Vernon’s Ann. P.C.