McDONALD, Presiding Judge.
The offense is murder with malice; the punishment, 30 years in the penitentiary.
It is undisputed that appellant killed the deceased, who was appellant's wife's stepfather, by shooting him with a gun on September 5, 1964, and in view of the disposition of the case, a brief summation of the facts will suffice.
Appellant and his family occupied an apartment located above the apartment of Willis Taylor, son of the deceased....
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