Thomas v. State

CHRISTIAN, Judge.

The offense is murder; the punishment, confinement in the penitentiary for 99 years.

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Ethel Cass by shooting her with a pistol.

It appears from the testimony of the state that deceased, who had separated from her husband, was keeping company with appellant, she and appellant having gone together for four or five years. One of the witnesses for the state testified that prior to the homicide appellant and deceased had had some trouble. On the occasion of the homicide, according to the…