PENA v. STATE

No. 25616.

246 S.W.2d 478 (1952)

PENA v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied February 27, 1952.


Attorney(s) appearing for the Case

Leo Darley, Uvalde, for appellant.

George P. Blackburn, State's Atty., of Austin, for the State.


DAVIDSON, Commissioner.

Upon an indictment charging murder with malice, appellant was convicted of murder without malice and his punishment assessed at five years in the penitentiary.

Appellant confessed that he killed deceased by shooting him with a gun, and offered evidence that he shot in self-defense against the actual attack of deceased and others.

The conclusion is expressed that the facts support the verdict, and appellant's contrary contention...

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