Betts v. State

LANE, Special Judge.

Appellant was tried in the court below on an indictment which charged him and Eva Betts, his wife, with the murder of Bozella Betts, their female child, about two years old. He was convicted of murder in the second degree, and his punishment assessed at thirty-five years confinement in the penitentiary.

1. This is the second appeal. The first appeal is reported in 57 Texas Crim. Rep., 389.

2. The evidence briefly stated shows that beginning about the first day of Hovember, 1908, up to about two weeks before the death of deceased, which occurred on the 9th day of December,…