Boss v. State

CHRISTIAN, Judge.

The offense is murder; the punishment, death.

This is the second appeal, the former judgment of conviction having been reversed by 'this court because of an error in the charge. See Boss v. State, 131 Tex.Cr.R. 574, 101 S.W.2d 253. The first trial was held in DeWitt county on a change of venue from Harris county. The present appeal is from Caldwell county where the case was tried on a change of venue from DeWitt county.

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed R. W. Albert by striking and beating him with a piece of iron…