Early v. State

HEHDERSOF, Judge.

Appellant was convicted of murder in the second degree and his punishment assessed at twelve years confinement in the penitentiary; and prosecutes this appeal.

This is the second appeal of this case, it having been previously reversed and remanded at the fall term of this court in 1906. See 97 S. W. Rep., 82. The facts developed on this trial are substantially the same as those on the former, and we refer to the statement of facts contained in that opinion.

Briefly summarized, the deceased ivas a policeman in the town of Mt. Calm in Hill County, and appellant and his companion…