Andrus v. State

DAYIDSOH, Judge.

Appellant was convicted of murder in the second degree, his punishment being assessed at ten years confinement in the penitentiary.

There were two theories on which the case was submitted to the jury. The State’s theory was.that deceased was killed without cause. Appellant came from his office to the garage underneath his office to which deceased had just returned with his car and was leaving the car in the garage as was his custom, and while deceased was walking out of the building and in the act of opening some letters defendant came to the door with his pistol in his hand…