Davis v. State

LATTIMORE, Judge.

In this case appellant was charged in the District Court of Polk-County with the offense of murder and upon his trial was convicted and given fifteen years in the penitentiary.

J. H. Hawkins, a colored brakeman, was shot and killed at night while standing on the engine gangway of a moving train in Polk County, Texas. Several shots were fired from the dirt road running parallel with the railroad track and about thirty steps distant therefrom. One struck the brakeman, killing him, and one struck the caboose. The bullet extracted, from the body of deceased was a thirty-eight…