Thompson v. State

CHRISTIAN, Judge.

The offense is murder; the punishment, confinement in the penitentiary for twenty years.

This is the second appeal, the opinion on the former appeal being reported in 115 Texas Crim. Rep., 337, 29 S. W. (2d) 343. The present trial was had in Milam county on a change of venue from Bell county.

Appellant shot and killed deceased, Carlton Fewell. The homicide occurred at night at a skating rink. At the time deceased was shot he was sitting between his sister and the daughter of appellant, Mrs. Dolly Skinner. Deceased was shot in the back. According to the state’s testimony,…