DAVIDSON, Judge.
The conviction is for murder without malice; the punishment, five years in the penitentiary.
The state's testimony shows an unprovoked and unjustified killing. Appellant's written confession shows a killing without malice. His testimony upon the trial shows a killing without malice and in self-defense from the apparent attack of the deceased.
The jury accepted the appellant's version of the killing as one without malice, but rejected...
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