Phelps v. State

LATTIMORE, Judge.

Conviction for murder; punishment, four years in the penitentiary.

The facts are in much conflict. The testimony for the State shows that appellant and his witnesses were going to camp and fish at night, and were joined by deceased. The party was in a wagon. They passed the house of McCain, a brother-in-law of deceased. The latter went into said house accompanied by Sam Dora, who later came out, got in the wagon with appellant and his brothers, and they went on down to the place on the river where they were going to fish. Mr. McCain testified that about an hour later he and…