Prather v. State

CHRISTIAN, Judge.

The offense is murder; the punishment, confinement in the penitentiary for ninety-nine years.

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed E. M. Walker by shooting him with a gun.

The uncontroverted testimony on the part of the State was as follows: Deceased was an employee of a filling station. At 1 a. m., August 18, 1934, an automobile occupied by appellant, Lloyd Rayburn and another man was driven to the station. Appellant told deceased he wanted a tire. All of the tires on the automobile, as well as the two extras, were in…