Howard v. State

HAWKINS, Presiding Judge.

Appellant was convicted of the murder of J. A. Whittenton and his punishment was assessed at 45 years in the penitentiary.

The killing occurred on November 8, 1942. Deceased was 57 years old, appellant 31. Appellant and his wife had lived in the garage apartment of deceased from December, 1941, to March 15, 1942. Appellant was an employee of an ice company in Midland delivering ice.

On the day of the killing deceased and his wife were in their car going towards their home when appellant drove up behind them, bumping into their car twice with his delivery truck. They…