*1 464 — n that, question emphatically said there no He
with dealing and and it was own observation anybody say had ever else for sure heard that he not whether say anything it, he could name and that he did not know whether opinion, say anything single man he about it. In our had ever heard record, judge into error in not this the learned trial fell condition testimony sustaining Brown of the witness. motion to strike out 257; App., App., State, State, lee 13 Trammell v. 10 Texas v. Texas 467; Tyler State, Rep., 14. Further examination v. 46 Texas Crim. reputation regarding discloses that three witnesses testified but reputation peace quietude, and one whom affirmed that his question very good, bad. and third of said was whom it application reputation very supporting vital as suspended may have sentence. We can not tell but that hurtfully against appellant of a that their denial influenced Sullivan. sentence was based of witness exception, bills of and are We have examined each of the other that same no error. mentioned, cause For the error be reversed will remanded. and remanded.
Reversed v. Sherman Lamar State. No. Delivered 1931. 14196. Reinstated and Affirmed
Appeal June *2 The states the Minkertj Bryan,
/. G. for the State. HAWKINS, Judge punishment murder, being is for years’ confinement in the enlargement In order appeal to secure his pending appellant, after adjournment court, of the trial term appeal entered into an bond approved by which was only. 818, P., sheriff Article C. C. specifically requires approved by such bonds to be the sheriff and the court trying said cause. On appeal account of in the defect the bond the must be dismissed. appellant prosecute If desires appeal may to further have fifteen
days appeal from this compliance date to furnish an bond in with the statute and by supplemental forward same to this transcript court appeal. connection with a motion to reinstate the appeal is dismissed.
Appeal dismissed. ON MOTION TO REINSTATE APPEAL. Presiding MORROW, perfected appeal having bond . A filed, appeal is reinstated. presented There complaint is for review no ruling of the of the trial
court save that with reference to overruling of the motion for new trial.
The state’s case is appellant summarized as follows: The shot and killed Lee Gaitor. possession He claimed that Gaitor had taken certain property articles of belonging him. This Gaitor appellant denied. The property declared that he would kill Gaitor if the was not returned. The state’s describing evidence the homicide unprovoked as to show an pre- witnesses, and that of his sented the evidence, issue of including self-defense. The confession, presented fact; is, issue of whether the acted upon Upon malice or in jury defense of his life. issue the fully, apparently accurately, charge against instructed in a exception there is no addressed. The was also instructed law of sentence but declined to recommend it. entering judgment
In sentence, the court failed to take note of P. The law as set in article C. C. the indeterminate sentence forth provide con- be judgment is as to shall reformed so penitentiary period nor more of not less than two fined in the state reformed, years. is affirmed. than five As so
Affirmed. Martin v. The State. Jim No. 14312. Delivered *3 states the Litler, Rogers Big Spring, Jno. B.
C.'P. both of for for the State. murder; ninety- LATTIMORE, punishment, years nine Appellant only state was his own witness. The for the deceased, threat- entertained ill-will toward and had shows him; body kill him occasion in- ened to that he shot on the question, and fact to were told admitted such a number of witnesses who by appellant was he still had shells left. if deceased not dead proposition looking supports The record killing pistol shortly deceased with his in his hand before the parties,, place happened observing took at instant when no one to be they call out around but witnesses testified that heard deceased and looked ground appellant standing ten lying and saw deceased on the pistol him a in his No "tfvas feet from hand. witness who shooting place, gave testi- ground took or examined the where the who mony weapon seeing finding anything in the nature a or by Appellant deceased have been testified that used the deceased. shot advancing upon hand him with wrench in his at the time long deceased' him. He said six inches and that the wrench state hand In its rebuttal had his about the middle the wrench.