Rhodes v. State

BETHEA, Judge.

The appellant was convicted of the offense of murder, and his punishment assessed at life imprisonment in the penitentiary.

The killing occurred in the town of Aspermont on Sunday afternoon. The appellant was city marshal at the time of the killing, having been elected about three weeks prior thereto. The killing grew out of appellant’s attempt to arrest deceased for a minor infraction of the law. At the time of the killing deceased had a lariat on one arm and a pocketknife in his hand.

The contention of the state was that deceased dropped his knife in response to appellant’s…