Williams v. State

Christian, Judge.

The offense is murder; the punishment, death.

It was charged in the indictment, in substance, that appellant, with malice aforethought; killed E. B. Atwood by shooting him with a gun.

The homicide occurred on the 25th of February, 1938, at the Hudnall Dairy, where deceased was employed. The testimony of the State was to the effect that appellant went to the dairy armed with a shotgun for the purpose of killing and robbing deceased. At the time he was shot deceased was sitting in a chair. In his voluntary confession appellant said: “Mr. Atwood was sitting in a chair, not looking…