Graves v. State

CHRISTIAN, Judge.

The offense is murdér; the punishment, confinement in the penitentiary for life.

The homicide occurred at a dance, deceased, Horace L. Smith, and his wife having gone there with appellant. Appellant left the dance with a promise to return for deceased and his wife. The state’s version of the homicide was, in substance, as follows: Appellant returned to the dance about 11:30 p. m., which was the time he had agreed to call for deceased and his wife. While Mrs. Smith was dancing the last set with Tom Simpson, appellant was at the front door watching them. As the dancers…