The appeal is from a conviction for murder with a life sentence in the penitentiary.
Appellant, in his brief, has stated the facts sufficiently in the following language:
"On the 29th day of July, 1949, Sam Smithwick, Appellant, shot and killed W. H. Mason, in Alice, Jim Wells County, Texas. W. H. Mason was at that time and for about one year prior thereto, a radio commentator over the...
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