Davis v. State

BERRY, Judge.

The offense charged is murder, and the punishment assessed is twelve years in the penitentiary.

The record discloses that the deceased was a 16-year-old boy and was in company with another young man driving- an automobile along the streets of Terrell at night and that the appellant, a constable of Kaufman County, fired into the car, killing the deceased. The appellant’s version of the affair was to the effect that he thought the car was being driven by drunken negroes and that he wanted to stop them and make an investigation to see if they were drunk, and that he fired the pistol…