Marta and Bonado v. State

Appellants were jointly tried and convicted of the murder of Eugene Smith, their punishment being assessed at death.

Mr. Smith came to Austin on Saturday, October 2, 1915, bringing some cotton seed and two bales of cotton on his wagon, which he sold on that day. On his way home that night he was shot in the head twice, one ball entering just at the back of the ear, and his body thrown from the wagon. The State's contention is that he was murdered in the perpetration of robbery. The next morning appellants and others were arrested while the sheriff's force was investigating the murder. All…