PURCELL v. STATE

No. 29553.

322 S.W.2d 268 (1958)

Clark R. PURCELL, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied November 5, 1958.

On Second Motion for Rehearing March 25, 1959.


Attorney(s) appearing for the Case

Cofer & Cofer, by John D. Cofer, Austin, Tom Gambrell, Lockhart, E. B. Fuller, Austin, for appellant.

Wallace T. Barber, Dist. Atty., San Marcos, and Leon B. Douglas, State's Atty., Austin, for the State.

Leon Jaworski, Houston, filed brief amici curiae.


BELCHER, Commissioner.

The conviction is for murder with malice; the punishment, death.

The testimony of the state shows that the appellant committed a cruel and brutal murder by beating Mrs. W. T. Fortner, the mother of his deceased wife, on the face and head with a vase. Appellant's voluntary written statement made and signed on the day of the killing was introduced in evidence by the state without objection and it shows an atrocious killing without justification...

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