Davis v. State

CHRISTIAN, Judge.

The offense is murder; the punishment, death.

The proof on the part of the State was to the effect that on the 7th of January, 1935, appellant and Fred Hill robbed Will Foster, a street car conductor. In the perpetration of the robbery Hill shot and killed Foster. Appellant made a voluntary confession in which he stated that he and Hill committed the robbery and that Hill fired the fatal shot. Appellant defended on the ground that he was temporarily insane as a result of the use of marijuana cigarettes.

It is shown in bill of Exception No. 1 that appellant sought a continuance…