DICE, Commissioner.
The offense is murder; the punishment, fifty years.
The state's evidence was undisputed that the deceased was killed by a bullet fired from a 30.06 rifle in the hands of appellant. The killing occurred in the city of Dallas in the vicinity of the intersection of Sanger and Ervay Streets. Witnesses to the killing testified that shortly before 10 p. m. on the night in question the appellant was seen standing behind a telephone pole in front...
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