MUCKLEROY v. STATE

No. 29294.

310 S.W.2d 315 (1957)

Ralph MUCKLEROY, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 26, 1958.


Attorney(s) appearing for the Case

Gordon R. Wellborn, Rex Houston, James N. Phenix, Henderson, Warren McDonald, Tyler (as amicus curiae), for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.


DICE, Commissioner.

The conviction is for murder with malice; the punishment, 10 years confinement in the penitentiary.

The evidence is undisputed that the appellant killed the deceased by shooting him with a gun. The deceased was the appellant's father, at whose home the homicide occurred.

According to the state's testimony the appellant and his wife went to the deceased's home on the day in question to return their child who had been staying with...

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