L. J. Sands v. State

CHRISTIAN, Judge.

The offense is murder; the punishment, confinement in the penitentiary for 40 years.

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed W. B. Johnson by shooting him with a gun.

Deceased was shot down on the night of December 26, 1935, while he and C. B. Bracey were walking through a pasture. Bracey testified that he was unable to see the assailant. He reported the shooting, and officers came to the scene. Deceased, who was mortally wounded, stated to the officers that appellant shot him. When asked if he killed deceased appellant…