Wilson v. State

Krueger, Judge.

The offense is murder; penalty assessed is confinement in the state penitentiary for a term of two years.

The indictment charges that the appellant “did then and there unlawfully, voluntarily and with malice aforethought kill Lon Garner by beating him with his hands and fists and kicking him with his feet *

Appellant’s first contention is that the evidence is insufficient to sustain his conviction. • The State’s witness, Bob Taylor, testified that he was in the King Cole Cafe in Belton, Texas, on February 7, 1938, talking to Lon Garner, the deceased, when the appellant walked in…