Davis v. State

HABPEB, Judge.

Appellant was prosecuted and convicted of murder, and his punishment assessed at ten years confinement in the penitentiary.

That appellant killed deceased is proven both by the testimony of the State and the defendant. The State’s witness, Joe Bryant, says that he and deceased started to the woods to cut out a road, and both had axes in their hands; that deceased’s wife asked him to try and' kill a squirrel for a sick child, and deceased also had a gun in his hands. That as they started out of the “tramp lot” appellant appeared at the gate, advanced toward them, and raised his…