Myers v. State

BELCHER, Judge.

The offense is murder; the punishment, ten years in the .penitentiary.

The undisputed testimony shows that appellant shot the deceased with a .22 caliber revolver at appellant’s apartment about 2:30 P. M. on September 12, 1953.

Dr. Pilcher testified that the bullet entered the right side of deceased’s back and that such wound caused the death of the deceased. No weapons were found on or near the body of the deceased, and there was no question as to the legal possession and occupancy of the apartment by the appellant.

The state’s testimony shows that the deceased made some effort…