Babin v. State

GRAVES, Judge.

Appellant was charged with the malicious killing of Earl Martin, and upon his conviction, was assessed a penalty of twenty-five years, and he appeals.

There is but slight difference between the appellant’s and the state’s testimony. It being shown that on the night of July 18th, 1945, appellant borrowed a pistol from a friend, agreeing to return same by 11:00 o’clock that night; that he repaired to a gambling house, some few miles from the City of Liberty, arriving there soon after 10 o’clock, and began drinking and gambling; that he continued such conduct until about 4 o’clock…