Roberts v. State

HARPER, Judge.

—Appellant was indicted for murder, found guilty of murder in the second degree and his punishment assessed at nine years in the penitentiary.

The facts would show that deceased had killed appellant’s brother, some two or three years prior to this homicide. That deceased had left the county and moved to San Antonio, and went back on this trip to attend the funeral and burial of Elwood Johnson. That after the funeral exercises in the church as deceased started out of the door, appellant fired at him three times, two of the shots taking effect, both being fatal wounds in the…