Roe v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of murder in the second degree, his punishment being assessed at five years in the penitentiary. The evidence discloses that D. J. Paris had shortly prior to the alleged homicide arrested a nephew of the deceased and that the prisoner effected his escape. Ascertaining that the night prior to the homicide the fugitive spent the night at the residence of the deceased; Paris summoned a posse of three, •among whom was appellant. They went to the residence of Rabb, the deceased, seeking to find the party who had escaped. The inference from the…