Washburn v. State

DAVIDSON, Judge.

This is a conviction for the murder of Helen Harris Weaver, with punishment assessed at ninety-nine years in the penitentiary.

The case has been twice before this court, the first time upon the question of bail (Ex parte Washburn, 280 S.W.2d 257) and then upon the former appeal (299 S.W.2d 706).

This prosecution was brought and conviction obtained upon that proposition of law which says that one intending to commit a felony and who in the act of preparing for or executing the crime shall, through mistake or accident, do another' act which if voluntarily done would be a felony…