Boss v. State

CHRISTIAN, Judge.

The offense is murder; the punishment, death.

The trial was held in DeWitt County on a change of venue from Harris County.

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed R. W. Albert by striking and beating him with a piece of iron and by cutting and stabbing him with a knife.

The testimony of the State to the effect that appellant killed and robbed deceased was uncontroverted. Appellant defended on the ground that he was insane, and on that issue witnesses testified pro and con. In the charge, the court submitted an instruction…