Miller v. State

BAKER, Judge.

The appellant was convicted of murder, and his punishment assessed at seven years in the penitentiary.

The record discloses that the appellant and Foster Bell were jointly indicted in Austin County for the offense of murdering Robert Schaffner by shooting and killing him with a gun on or about the 5th day of September, 1922; and that on change of venue the appellant was convicted of said defense in Williamson County. The record further discloses that the deceased, Robert Schaffner, and Tommy Bell had engaged in a fight prior to the homicide, and that thereafter the Bell boys and…