Rogers v. State

DAVIDSON, Judge.

Deceased, a popular and highly respected policeman of the city of Lamesa, met his death while in the performance of his duty as a peace officer by being beaten to death with his own pistol.

Appellant has been convicted of the murder, with punishment assessed at death.

It was the theory of the state that deceased apprehended appellant in the act of committing, or just after he had committed, the crime of burglary, and that the killing was a direct result of that apprehension.

Appellant denied any knowledge, because of his intoxicated condition, that he killed the deceased. His…