ERVIN v. STATE

No. 35634.

367 S.W.2d 680 (1963)

Bill Hugh ERVIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 29, 1963.


Attorney(s) appearing for the Case

Hill D. Hudson, Pecos, for appellant.

Edwin F. Berliner, Dist. Atty., Sam W. Callan, Asst. Dist. Atty., El Paso, and Leon B. Douglas, State's Atty., Austin, for the State.


McDONALD, Judge.

The offense is murder with malice; the punishment, ten years.

The evidence reflects that the appellant and Sam Keener, the deceased, were partners in an auto garage in Van Horn, Texas. The agreement between the two called for the appellant to furnish the building and some of the tools and the utilities, Keener was to do the work, and the profits were to be equally divided each day. There was some difficulty between the two as to this daily...

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