Martin v. State

MORROW, Presiding Judge.

—The conviction is for the murder of James Wiley Stoclcwell; punishment fixed at confinement in the penitentiary for a period of twenty years.

While on the street of McKinney, the county seat, in the evening after dark, the deceased was shot and killed by the appellant. Three shots were fired. Only one took effect. The bullet entered the breast and penetrated the body, the point of exit being five or six inches below that of entry. The shirt front of the deceased was powder burnt.

From the evidence of the State, it appeared that on meeting the deceased, appellant…