Pinkston v. State

CHRISTIAN, Judge.

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

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Joe Smith by beating and striking him with a piece of timber.

Deceased was killed near his camp at a time when he, appellant, and the others present were drinking intoxicating liquor. The state’s testimony was to the effect that appellant and others had gone to deceased’s camp with some intoxicating liquor; that after the parties had been drinking for some time appellant and one of his companions…