Wilkes v. State

MORROW, Presiding Judge.

The offense is murder; punishment fixed at confinement in the penitentiary for a period of fifteen years.

Basil Stakes was killed by a gunshot wound, the bullet entering his left cheek just under his eye and penetrating his skull.

Woods, Sanders and Stakes went to the home of the appellant’s father for the purpose of arresting the appellant and one Batchan. The reason for the arrest is not revealed. In Batchan’s hand was a 38-40 Winchester rifle, weighing about ten pounds. This was snatched from him by the deceased. Using the gun as a bludgeon and holding it by the…