Fagan v. State

CHRISTIAN, Judge.

— The offense is murder; the punishment confinement in the penitentiary for 99 years.

Appellant owned a whiskey still, which was in operation about four miles from the town of Simsborough in Freestone County. Mr. Anderson, W. J. Hancock and Tim Willard, special state rangers, watched the still from a point approximately seventy-five yards from its location for about forty minutes. They saw appellant’s sons at the still. Appellant was not in view. The officers determined to approach the still from different directions. Hancock approached it from the southwest, Willard from the…