Dearing v. State

KRUEGER, Judge.

Appellant was convicted of the offense of murder and his punishment was assessed at confinement in the state penitentiary for a term of 99 years.

The record reflects that appellant, a boy of 16 years of age, on the 14th day of July, 1945, by force, entered the home of M. A. Barton during the absence of Mr. and Mrs. Barton, took some jewelry and some small change which he found therein and appropriated the same. He then took Mr. Barton’s 22 caliber rifle from behind a door and secreted himself with it in a closet. When Mrs. Barton, who had gone to get her mail, returned and while…