Ervin v. State

McDonald, judge.

The offense is murder with malice; the punishment, ten years.

The evidence reflects that the appellant and Sam Keener, the deceased, were partners in an auto garage in Van Horn, Texas. The agreement between the two called for the appellant to furnish the building and some of the tools and the utilities, Keener was to do the work, and the profits were to be equally divided each day. There was some difficulty between the two as to this daily distribution, and the relationship appears to have been far from amicable. Keener and his wife had already decided to leave town and were in…