Fambro v. State

BEAUCHAMP, Judge.

The appellant was convicted in the District Court of Taylor County on a charge of murder and sentenced to twenty years in the penitentiary. The offense is alleged to have been committed in Stephens County and, after a trial with a hung jury in that county, was transferred to Taylor County, from which this appeal comes.

On November 16, 1938, appellant shot Dave Wagley, a neighbor. This occurred between 7 and 8 o’clock in the morning and the victim died about noon that day in a hospital in Breckenridge. There is some evidence that bad blood had existed between appellant and…