DICE, Commissioner.
The conviction is for murder with malice; the punishment assessed being confinement in the penitentiary for 40 years.
The evidence discloses that appellant shot and killed the deceased, Dr. Jack W. Sharp, during a quarrel at the home of Mrs. Nona Bird in the city of Dallas, Dallas County, Texas, on the night of July 27, 1954.
The testimony shows that Dr. Sharp was Mrs. Bird's physician and in such capacity made professional visits...
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