Elmo v. State

OPINION

DALLY, Commissioner.

The conviction is for murder with malice ; the punishment, life imprisonment.

On the night of December 19, 1969, the appellant went to the Teardrop Inn in Dallas. He was in the company of his girlfriend, Ester “Gerry” Hilburn, his brother, Robert Terry and Terry’s brother. Gerry Hilburn testified that the appellant had consumed some beer that night and that they had argued. She said that the appellant and Robert Terry had asked her to talk to another individual and try “to get him outside so they could rob him and take all his money.” When she refused to do so, an…