Lucas v. State

PRENDERGAST, Judge.

On December 22, 1911 appellant was indicted by the grand jury of Tarrant County for the murder of Maude Tatum on December 4, 1911. He was convicted of murder in the second degree and his penalty fixed at thirty-five years confinement in the penitentiary.

There were five counts in the indictment; the court submitted but three of them. One of these charged, besides the other necessary averments, that he murdered Maude Tatum by striking, wounding and bruising her with his fists, from the effects of which she instantly died; another, that he murdered her by beating, wounding and…