Garrett v. State

Appellant was indicted for murder, convicted of murder in the second degree and his penalty fixed at twenty years in the penitentiary. There is no bill of exception in the record. It is unnecessary to detail the evidence.

From all the evidence the jury were clearly authorized to believe and find appellant guilty of murder in the second degree. It shows that for some time prior to October 10, 1905, appellant occupied one of the three rooms in the house of Lucinda Jackson, the mother of the deceased; that he worked at night and slept there in the day time. One of the witnesses swears that said…