West and Hernandez v. State

CHRISTIAN, Judge.

The indictment contained several counts, the first count alone having been submitted to the jury. It was charged therein 'that appellants, “acting together, did then and there voluntarily and with malice aforethought kill Harry B. Williams by then and there choking him to death with their hands.” A joint trial resulted in the assessment of a penalty of life imprisonment against appellant West and twenty years’ confinement in the penitentiary against appellant Hernandez.

The state relied upon circumstantial evidence, the sufficiency of which appellants question.

To the point…