Wilburn v. State

BERRY, Judge.

Appellant was convicted in the district court of McLennan county for the offense of murder and his punishment assessed at confinement in the penitentiary for a term of fifteen years.

The State’s testimony shows that the killing occurred at Moody, Texas, and the testimony from the standpoint of the State shows that appellant went to the home of Willie Smith, called the deceased from the gallery, walked up the street some little distance to near the home of the defendant, and shot the deceased. Some of the witnesses testified that they saw nothing out of the ordinary about the looks…