Ely v. State

KRUEGER, Judge.

The offense is murder; the punishment assessed is death.

The record shows that on or about the 15th day of May, the appellant (a boy of eighteen years), Orvil Chance, Glenn Osborne and Z. L. Huggins, came from Jal, New Mexico, to Monahans, Texas. Upon their arrival, they engaged a cabin at a tourist camp. On the evening of the next day they went to a restaurant and ate chili. Osborne and appellant returned to the cabin about 10:00 P. M. and retired for the night. During the night, Osborne, who was sleeping with appellant, became sick. Appellant was awakened by his vomiting and…