Burks v. State

LATTIMORE, Judge.

Appellant was convicted in the District Court of Smith County of murder, and his punishment fixed at fifteen years in the penitentiary.

On the night of the alleged homicide deceased Heffler was in his store at work upon his books. His wife was present in the room. A masked man wearing an overcoat with gloves on his hands appeared and presented a pistol at Mrs. Heffler. She testified that when he did this she looked immediately at her husband and that her assailant turned also and gave three jumps toward deceased and shot him with a pistol. She further stated that her husband…