Rayburn v. State

CHRISTIAN, Judge.

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

Clifford Prather v. State, Opinion No. 17,482, this day delivered*, is a companion case.

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed E. M. Walker by shooting him with a gun. The uncontroverted testimony on the part of the State was as follows: Deceased was an employee of a filling station. At 1 a. m., August 18, 1934, an automobile occupied by appellant, Clifford Prather and another man was driven to the station. Prather told deceased he wanted a…