Bankston v. State

HARPER, Judge.

Appellant was convicted of murder and his punishment assessed at twenty years confinement in the State penitentiary.

The theories of the State and appellant directly conflict. The State’s case, as made by its witnesses, is that deceased, Tom Boberts, went to the home of appellant to see him on some business; that deceased was unarmed, and after an altercation appellant shot at deceased; that deceased turned and fled, when appellant pursued him, continuing to shoot, finally killing him in the public road. A pistol was found by the body of the deceased, but the State’s theory of…