Burton v. State

CHRISTIAN, Judge.

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

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Jeans Bowens by shooting him with a gun.

Appellant and his wife lived in a small house with deceased and his wife. According to the version of the State, prior to the time deceased and his wife had occupied the house, appellant had promised to move, but had remained in the house over deceased’s objection. The State’s testimony was to the further effect that on the morning of the homicide deceased…