Easterwood v. State

CHRISTIAN, Judge.

— The offense is murder; the punishment, confinement in the penitentiary for 15 years.

The opinion on a former appeal is reported in 77 S. W. (2d) 232.

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Joe Edmondson by shooting him with a pistol.

The testimony is substantially the same as that adduced on the former trial. However, on the first trial appellant testified; whereas, he failed to take the stand on the present trial.

It was averred in appellant’s application for a change of venue that there existed in Ellis County so great…