Moffatt v. State

DAVIDSON, Judge.—Appellant

was tried in the court below under an indictment charging him with murder, was convicted of murder in the second degree, and given twenty-five years in the penitentiary; and from the judgment and sentence of the lower court he prosecutes this appeal. A number of errors are assigned, but we will discuss only such as are deemed of importance to a decision of this case. The facts attending this homicide are of a peculiar character. The deceased, Pratt, with the appellant, Joe Moffatt, Buck Kidwell and a Mexican boy, named Lopez, were camped on or near the Bosque river.…