Horton v. State

HARRIS, Judge.

Appellant was convicted of murder in the second degree and sentenced to twenty years imprisonment in the penitentiary. At arraignment and trial he was represented by retained counsel. He pleaded not guilty. After conviction he gave notice of appeal. The court found him to be indigent and he was furnished a free transcript, and trial counsel was appointed to represent him on appeal. Trial counsel did not file a brief and this court appointed counsel to represent appellant.

There is very little conflict in the evidence. On Sunday, November 10, 1974, the deceased was in a car driven…