Schafer v. State

CALHOUN, Judge.

The offense, murder; the punishment, ninety-nine years in the penitentiary.

This is the second appeal in this case; the former appeal is reported in 117 Texas Crim. Rep., 500, 40 S. W. (2d) 147. The evidence is set out in sufficient detail in the former opinion. The evidence is substantially the same as that upon the former trial, with the exception that the appellant did not testify on the former trial but did testify on this trial to the effect that he and the witness Musick together with the deceased got in deceased’s car and the witness Musick was driving and deceased was in…