Porter v. State

DAVIDSON, Judge.

While not a companion case in a strict sense, this case grows out of the same transaction as that of Porter v. State, 152 Texas Crim. Rep. 540, 215 S. W. 2d 889, wherein appellant’s conviction for the murder of Willie Lee Stearman was reversed by this court. In the instant case the conviction is for the murder of W. J. Stearman, with punishment fixed at life imprisonment in the penitentiary.

The facts in the two cases are, in all material aspects, the same. We refer to the former opinion for a statement of the facts. (152 Texas Crim. Rep. 540.)

Appellant insists that the charge…