Daniels v. State

MARTIN, Judge. —

Appellant was convicted of the murder of Floyd Go wan, alleged to have occurred on July 3, 1926, his punishment being fixed at ten years confinement in the penitentiary.

Appellant seems to have been tried upon the theory that he shot at one Earl Davis and accidentally hit Floyd Gowan, the deceased.

The testimony indicates that the relative position of the three parties at the time of the occurrence was such that lines drawn from one to the other would approximate an equilateral triangle. It was dark and the witnesses testified that they did not know who did the shooting, except…