McCullers v. State

CHRISTIAN, Judge.

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

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed N. F. Cash by shooting him with a shotgun.

Deceased, his son Trannie Cash, and his step-daughter were picking cotton. Trannie Cash, a witness for the state, testified that, seeing appellant approaching with a shotgun, he went to his house and got a pistol and shotgun and returned to the scene. When he came back appellant was walking away from deceased, who was still picking cotton. After walking…