Burman v. State

HARPER, Judge.

—This is the second appeal in this case, the opinion on the former appeal being found in the 61 Texas Crim. Rep., 51, 133 S. W. Rep., 1045; it is also a companion case to that of Ferrell Burnam, the opinion in the latter case • being reported in 61 Texas Crim Rep., 616, 135 S. W. Rep., 1115. On this trial appellant was again convicted of murder in the second degree and his punishment assessed at twenty years confinement in the State penitentiary.

The State in this case proved by Jess McMillan that at the time of the shooting deceased was sitting with his hands on a desk in front…