OPINION
WOODLEY, Presiding Judge.
The offense is murder without malice; the punishment, 5 years.
The indictment alleged the murder of Mrs. T. M. McClure with malice aforethought on or about September 22, 1965. The state gave notice that the death penalty would be sought.
Appellant pleaded not guilty. He did not testify or offer any testimony before the jury.
The state relied upon circumstantial evidence.
Appellant's first...
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