Brown v. State

CHRISTIAN, Judge.

The offense is murder; the punishment, death.

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Byron Belschner by shooting him with a pistol.

The trial was held in Refugio County on a change of venue from Jackson County.

When the case was called for trial in Refugio County appellant presented his application for a change of venue. The State having filed a controverting affidavit, witnesses pro and con were heard. Their testimony presented conflicting theories. It is the rule that if conflicting theories as to prejudice arise from…