DAVIS v. STATE

No. 41301.

429 S.W.2d 466 (1968)

Johnny B. DAVIS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 24, 1968.


Attorney(s) appearing for the Case

Percy Foreman, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and I. D. McMaster, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


OPINION

WOODLEY, Presiding Judge.

The offense is murder; the punishment, life.

The indictment alleged that appellant "did with malice aforethought kill Calvin Charles by shooting him with a gun."

No motion to quash or exception to the indictment was filed.

Appellant's first three grounds of error relate to the absence of an allegation that appellant "voluntarily" killed the deceased.

This court has held that though the murder...

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