Burnam v. State

This is the second appeal in this case; the opinion on the former appeal being found in 61 Tex. Cr. R. 51, 133 S. W. 1045. It is also a companion case to that of Perrell Burnam, the opinion in the latter case being reported in 61 Tex. Cr. R. 616, 135 S. W. 1175. On this trial appellant was again convicted of murder in the second degree, and his punishment assessed at 20 years’ confinement in the state penitentiary.

[1] The state in this case proved by Jess McMillan that at the time of the shooting *758deceased: was sitting with his hands on a desk in front of him; that appellant walked up behind…