Edmond v. State

DICE, Judge.

The offense is murder; the punishment, 30 years.

The evidence was undisputed that appellant killed the deceased by shooting him with a pistol.

The testimony of the state’s witnesses showed that on the night of the killing, the appellant, while driving his automobile down a muddy road, came upon the deceased, Leroy Robinson and two others, James Gibbs and Willie Burnett, who were attempting to extricate Gibbs’s automobile from where it had skidded into the ditch. Appellant being unable to pass, got out of his automobile and upon approaching the men asked them “to clear the road up.”…