Lilly v. State

MORROW, Presiding Judge.

The offense is murder; penalty assessed at confinement in the penitentiary for thirty years.

It is the State’s theory, supported by the evidence, that appellant assassinated the deceased while he was in bed asleep. This is vouched for by an eye witness. Appellant did not testify; nor did he present any affirmative defense.

A continuance was sought and overruled. The testimony of the witnesses would have presented no defensive theory. None of them were eye witnesses. Some of them, according to the averments, would have given testimony of threats against the appellant, but…