Lewis v. State

CHRISTIAN, Judge.

The offense is murder; the punishment, confinement in the penitentiary for ten years.

The trial was had in Willacy county on a change of venue from Nueces county.

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Paul Setliff by shooting him with a gun.

The proof showed that appellant shot and killed deceased. Earl Lewis, son of appellant, and a participant in the difficulty, resulting in the death of deceased, himself received fatal gunshot wounds; the evidence being in conflict as to who shot him. Appellant’s theory was that he…