Phillips v. State

HENDERSOH, Judge.

Appellant was convicted of murder in the second, degree, and his punishment fixed at confinement in the penitentiary for a term of twenty-five years; hence this appeal.

This is the second appeal. Phillips v. State, 94 S. W. Rep., 1051. The facts briefly stated show that prior to the homicide appellant and deceased were on friendly terms. They, together with John Berry, had spent the night before at a place not far from the little town of Eulogy, with Hudson, related to one of the parties. In the evening of the next day they were returning to Hudson’s to spend the night. They…