White v. State

GRAVES, Judge.

Appellant was charged as a principal for the offense of the murder of Crockett Ross, and by the jury was given the penalty of death, and he appeals.

The indictment herein contains three counts, two of which were not submitted by the court; and the one submitted alleged that appellant, on the 28th day of January, 1949, did kill Crockett Ross by shooting him with a gun.

The facts proven herein show that on such date, one Robert Bagwill, a 17-year-old-boy and a nephew of appellant’s ex-wife, and the appellant, a man 47 years old, were living together in Mineral Wells; that appellant…