Burt v. State

CHRISTIAN, Judge.

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

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Bertie Y’Barbo by shooting him with a pistol.

Appellant was a deputy sheriff of Nacogdoches County. According to the testimony of the State, appellant sought to arrest deceased. Deceased would not submit to arrest but ran from appellant. Appellant followed him for some distance, ordering him to stop. When he failed to obey, appellant pulled his pistol and shot him.

Appellant testified that he fired…