Herrera v. State

MORROW, Presiding Judge.

— The offense is murder; peqalty assessed at death.

This is the second appeal of this case. A report of the former appeal will be found in 115 Texas Crim. Rep., 526, 27 S. W. (2d) 211. Traveling in an automobile belonging to the appellant, he and Chaves, while on their way to San Angelo, passed through the town of Mason. A witness by the name of Smith had dropped some apples from his car. He was overtaken by the appellant and Chaves, who had picked up some of the apples. A conversation took place between them. Later Smith found that he had lost his traveling bag and…