Ellis v. State

BELCHER, Commissioner.

The conviction is for murder; the punishment, forty years.

The evidence of the state reveals that about 4 p. m., while the deceased and Robert Rollins were repairing deceased’s truck in a vacant space between a beer tavern and the street, the deceased in looking for a rubber hose found it in appellant’s car, and he then hit appellant with the hose. At this time the appellant said: “I’ll be back; I’m going after a gun.” In an hour or two the appellant returned in a car, stopped behind the truck, and as he, with a shotgun in his hand, walked toward the deceased, who was…