McGinnis v. State

CHRISTIAN, Judge.

The offense is murder; the punishment, death.

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Helen Dorothy McGinnis “by kicking the said Helen Dorothy McGinnis.” Francis Edward Duffy, a witness for the State, had traveled on freight trains from Pennsylvania to San Antonio with appellant and deceased. After reaching San Antonio appellant and deceased took up their abode in a box car. Duffy lived in a box car near them. In response to questions propounded to him by the district attorney, he testified that he did not know Helen…