Banks v. State

DAVIDSON, Presiding Judge.

—Appellant was charged with killing J. D. Palmer, his punishment being assessed at life imprisonment in the penitentiary.

The witness Whitley testified as to the facts of the killing, that just before the killing of Palmer he heard a conversation between Tom Banks (appellant), John Crabb and Dolive, in which Dolive said, “Boys, there is one or two things we have got to do. We have either got to kill old man John Palmer, Gus and Buddy, or we will have to move,” and John Crabb said, “By God, we will not move. We are the boys that can do the work.” That they were…