Horn v. State

HENDERSON, Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at thirty years confinement in the penitentiary, and prosecutes this appeal. This is a companion case to Jack Early v. State, decided at the present term, and the facts are substantially the same as in that case. The theory of the State was to the effect that- appellant and his companion, Jack-Early, were intoxicated in a public place in the town of Mount Calm, TTill County, and that deceased (a policeman) attempted their arrest, which was resisted. (He had no warrant and his right to make the…