Henderson v. State

CHRISTIAN, Judge.

— The offense is murder; the punishment, confinement in the penitentiary for three years.

It was charged in the indictment, in substance, that appellant did, with malice aforethought, kill James White by shooting him with a pistol.

It appears from the record that Mose White, a relative of deceased, had lost a dog, which he had accused Buster Whitley of killing. On the day of the homicide deceased and his son, Oleen White, had gone to the gin with a load of seed cotton. Appellant, Buster Whitley, and Buell McNeese came to the gin while deceased was waiting to have his cotton…