Allen v. State

CHRISTIAN, Judge.

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

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Roy King by shooting him with a gun.

Appellant was the tenant of deceased. Prior to the homiicide a controversy had arisen about some rent appellant owed 'deceased, and appellant had been ordered by deceased to surrender the premises.. According to appellant’s version, he was unable to pay deceased what he owed him. He testified that de ceased was persistent in his effort to collect the rent and…