Duran v. State

KRUEGER, Judge.

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

The State’s theory was that the homicide was a deliberate killing. Appellant’s theory was that he acted in self-defense.

The record shows that on the 8th day of May, 1941, between the hours of 7:00 and 8:00 P. M., appellant’s wife, accompanied by her little son, Hilbert, drove to the home of the deceased in an automobile and stopped near the edge of the house. The deceased, who was sitting on his porch at the time, went to the car and talked to her; that while he was standing…