Procella v. State

WOODLEY, Judge.

The offense is murder with malice; the punishment, life.

This is a companion case to that of Graves v. State, Tex.Cr.App., 382 S.W.2d 486 (cert. denied).

Appellant orally confessed that he was the' driver of the automobile at the time of the robbery; that they only planned to rob the man and not to kill him; that they heard on the radio that Mr. Phillips, the deceased, was dead and they knew they had to get rid of the pistol and that he threw it into the bayou. A pistol was subsequently found by a diver at the place that had been pointed out by appellant. Also, a fingerprint on a…