Millsaps and Millsaps v. State

CALHOUN, Judge.

Appellants, Jack Millsaps and James Mill-saps, were jointly indicted, charged with the offense of the murder of Howard Booth, and a penalty assessed of twenty-five years in the penitentiary.

Deceased was injured on the 28th day of November, 1929, and died on the 24th day of December, 1929. He was first seen after the injury was inflicted by A. M. Kirk on the 28th day of November, at about five o’clock in the morning, before daylight. He aw'akened Kirk by pushing, against the front door of his house, the Kirk house being on the main highway in Orange county between the cities of…