Moffett v. State

GRAVES, Judge.

Appellant was charged by indictment with the unlawful killing of Mary Frances Moffett, and by the jury found guilty of murder without malice and given a penalty of five years in the State penitentiary.

All parties are negroes, and the facts show that the deceased was a girl child of about three years of age, born out of wedlock to appellant at the age of sixteen years. It seems that appellant and one, Freddie Kenner, were living in the same house in Brownwood and that this child was living with them. Upon the death of the child, interested relatives, perceiving the condition of…