Phillips v. State

KRUEGER, Judge.

The offense is murder. The punishment assessed is confinement in the state penitentiary for a term of 5 years.

Appellant challenges the sufficiency of the evidence to sustain his conviction for murder.

The record reflects that on the night of September 23, 1947, S. T. Sanders, Hubert Phillips, and the deceased, Leroy Farrabee, were together and had been drinking beer and whiskey. Late that night they purchased some more beer and drove out several miles East of Wichita Falls. After they had driven several miles they stopped, drank some more beer, and while thus engaged, appellant…