Burns 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 James S. Ashford by ■shooting him with a gun.

On the night of December 11, 1933, deceased and his wife were sitting near a window in their living room when appellant approached with a shotgun and fired through the window. The shot struck deceased in the back of the head, and he died from the effects of the wound the following day.

Testifying in his own behalf, appellant admitted upon direct examination that he fired the shot that killed…