Wooley v. State

DICE, Judge.

The conviction is for murder without malice; the punishment, five years in the state penitentiary.

The state’s testimony shows that the appellant and the deceased, J. C. Duty, “batched” together in an old abandoned house near a sawmill where they worked in the Moffett Community about seven miles east of the town of Lufkin. Between 11:00 and 12:00 o’clock on the morning of July 4, 1954, appellant came to the home of Jake Beard, who lived in the community, bleeding from a cut over his right eye, and when asked by Beard what was the matter replied, “Mr. Duty beat me over the head with…