The offense is murder; punishment fixed at confinement in the penitentiary for a period of ninety-nine years.

In the indictment there is a failure to embrace the words “malice aforethought.” This' matter is controlled by ,the majority opinion in the case of Swilley v. State (Tex. Cr. App.) 25 S.W.(2d) 1098.

Eor the reasons there stated, this case must be reversed' and remanded.