Miller v. State

MARTIN, Judge.

— Offense, murder; penalty, twenty-five years in the penitentiary.

Omitting its formal parts, the indictment charges that appellant “did then and there unlawfully and voluntarily kill Bruce Collier, by then and there hitting him, the said Bruce Collier, with a bottle.”

The facts tended to show that deceased on Christmas Eve Night came to the place of business run by appellant’s brother in a drunken condition and there raised a disturbance with appellant’s brother and at about the termination of this difficulty appellant appeared and struck deceased on the head with a bottle,…