Pounds v. State

CHRISTIAN, Judge.

The offense is murder; the punishment, confinement in the penitentiary for twenty-five years.

It was charged in the indictment, in substance, that appelant, with malice aforethought, killed Leon Kemp by shooting him with a gun. The testmony adduced by the State was, in substance, as follows: Deceased resided with his father in the family home which was about three and one-fourth miles from the town of Booker. On the night of December 23, 1933, someone drove to deceased’s home and honked the automobile horn. Deceased, who was reading, threw his book aside and went outside.…