Davis v. State

CHRISTIAN, Judge.

The offense is murder, the punishment confinement in the penitentiary for 25 years.

This case was formerly appealed from Upshur County. The opinion on the former appeal is found reported in 272 S. W. 478. The present conviction was had in Harrison County on a change of venue from Upshur County.

The state relied upon the testimony of the wife of the deceased, who testified that just prior to the homicide she and her husband were picking cotton; that they went to the house to get some water and that her husband returned to the field by way of a road, while she went back through…