Rippy v. State

CHRISTIAN, Judge.

The offense is murder; the punishment, confinement in the penitentiary for 35 years. A former appeal is found reported in 113 Texas Crim. Rep., 578, 24 S. W. (2d) at page 841.

Appellant had leased his filling station to deceased, John Hornsby. The lease was to expire August 1, 1928. The homicide occurred at the filling station on July 25, 1928. It was the theory of the state that appellant killed deceased in order that he might get immediate possession of the filling station. In support of this theory the state offered testimony to the effect that appellant stated to the…