WOODLEY, Commissioner.
Appellant was convicted and assessed the death penalty for the murder of Jacob Coleman.
The deceased occupied a room on the third floor of the Marlowe Apartments in Waco, and was employed as a guard at the Crawford-Austin Company.
When he failed to show up for work on the early morning of August 27, 1950, a fellow employee went to the deceased's room to investigate and found his dead body lying on the floor "bound and gagged...
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