Woodward v. State

HENDERSON, Judge.—Appellant

was convicted of murder in

the second degree, and his punishment assessed 'at confinement in the penitentiary for a term of thirty-five years; hence this appeal.

The theory of the State, which is supported by evidence, is to the effect that appellant had some grudge against deceased, and had made threats against him. On the night of the homicide the parties met at or near a club-house in the town of San Saba, and appellant and Yardley (his companion) made an attack on Pat Carroll- (deceased) and in the fight which ensued, they shot and killed deceased. Appellant’s…