Birchfield v. State

CHRISTIAN, Judge.

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

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Morris Whetstone by shooting him with a gun.

R. H. Sasser, deceased, and the two-year-old child of deceased were riding in an automobile on a public highway. It had been raining and the road was slippery. The ruts were deep, and it was with difficulty that cars could, in passing, be pulled out of the ruts. Appellant’s car approached that of deceased. Appellant pulled his car out of the ruts in an effort…