Franklin v. State

CHRISTIAN, Judge.

The offense is murder; the punishment, confinement in the penitentiary for 45 years.

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Minnie Nelson by shooting her with a pistol.

The homicide occurred on the 16th of April, 1938, at a beer tavern which deceased and her husband operated. Appellant had been living with them in the tavern for some time. Shortly before the homicide Tommie Dell had informed C. H. Houston, a constable that appellant was at the tavern armed with a pistol. After being thus informed the officer went to the…