Overcash v. State

HARPER, Judge.

Appellant was indicted for murder, and when tried he was convicted of murder in the second degree, and his punishment assessed at fifteen years confinement in the penitentiary.

This is a companion case of Condron v. State, 62 Texas Crim. Rep., 485, 138 S. W. Rep., 594, and the facts are, in the main, the same. It was in evidence that deceased had a warrant commanding him to arrest A. O. Condron upon the charge of unlawfully carrying a pistol. In addition to the testimony on the former trial in this case it is shown that just a short time before the homicide appellant was seen…