Perry v. State

WOODLEY, Presiding Judge.

The offense is murder; the punishment, life.

The indictment was returned August 5, 1960, and trial was had November 18, 1960.

The undisputed evidence showed that on August 30, 1959, the date of the killing, appellant was 16 years of age, and the court in his charge gave effect to Art. 31 P.C., which provides that a person, for an offense committed before he arrived at the age of 17 years, shall in no case be punished with death.

The evidence shows without dispute that, shortly before 1:00 A.M. on the night in question, the appellant and William Bagley secured a pistol…