Burkhart v. State

CHRISTIAN, Judge.

The offense is murder; the punishment, confinement in the penitentiary for 45 years.

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Henry James by kicking him with his foot and by “stomping” him with his foot, and by striking and beating him with his hand, and by striking, beating, bruising and wounding him with some heavy instrument, a better description of which said instrument the grand jurors were unable to give.

Appellant is sixty years of age and weighs about 250 pounds. Deceased was a youth 17 years of age and weighed…