Gooch v. State

KRUEGER, Judge.

The offense is murder. The punishment assessed is confinement in the State penitentiary for a term of five years.

The testimony adduced by the State shows that about five o’clock in the morning of January 20, 1941, appellant shot and killed Newt Turner near Buffalo Gap in Taylor County. It appears that the deceased and appellant were both married men, and on the night in question had been out riding with two girls and drinking whisky until shortly before the killing occurred. The appellant’s theory was that the real cause of the killing grew out of intimate relations which…