WOODLEY, Judge.
Appellant was convicted of murder without malice, the jury assessing his punishment at five years in the penitentiary and rejecting his plea for suspension of sentence.
The indictment charged the killing of McCreary Crow, with malice, by shooting with a gun.
The shooting occurred in the early morning hours just outside of the home of appellant and his wife. The deceased at the time of the shooting was at a point near the southwest corner...
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