Fairris v. State

OPINION

GREEN, Commissioner.

Appellant, in a trial before a jury, was convicted of murder with malice. Punishment was assessed by the jury at nine hundred ninety-nine years.

This is a retrial of Farris v. State, Tex.Cr.App., 496 S.W.2d 55, reversed because of the failure of the court to charge on circumstantial evidence. In this trial, the appellant suggested to the trial court that his last name was Fairris, and at appellant’s request the indictment was corrected to show his trué name of Fairris.

The material facts in evidence are substantially as set forth in the opinion on the first appeal,…