Grohoske v. State

CHRISTIAN, Judge.

The offense is murder; the punishment, confinement in the penitentiary for two years.

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed W. A. Rowe by shooting him with a gun.

The opinion on a former appeal is found reported in 50 S.W.(2d) at page 310.

Appellant, who was a constable, was attending a dance with his brother, who was a deputy sheriff. The two officers observed deceased place something under his coat and go from his automobile to the dance halL They also heard a dog rattling some bottles in deceased’s car. Appellant’s…