Mosley v. State

354 S.W.2d 391 (1962)

Walter Henry MOSLEY, Appellant,

v.

The STATE of Texas, Appellee.

No. 33900.

Court of Criminal Appeals of Texas.

January 10, 1962.

Rehearing Denied February 28, 1962.

E. A. Berry, Jr., Dickinson, Joe Moss, Houston, for appellant.

Frank Briscoe, Dist. Atty., Samuel H. Robertson, Jr. and Howell E. Stone, Assts. Dist. Atty., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Presiding Judge.

The offense is murder; the punishment, death.

The indictment alleged the voluntary killing with malice aforethought of Tommy Box by shooting him with a gun.

Tommy Box, a 13…