Flewellen v. State

About 10 o'clock in the night of May 19, 1916, appellant ran down and shot and killed Roy McKinley on the streets of Temple. The State contended, and the proof was amply sufficient to show, that Leon Wilson was a principal with appellant in the killing. Appellant was convicted of murder with his punishment assessed at life imprisonment.

One trial was had in Bell County, which resulted in a mistrial — a hung jury. Later the district judge on his own motion, for ample grounds stated in his order, properly changed the venue to the Criminal District Court of Williamson County, where the trial…