Court of Criminal Appeals of Texas March 20, 1929, No. 12166. (Burrier v. State)

MARTIN, Judge.

— Offense, murder; penalty, five years in the penitentiary.

The deceased, J. V. McDaniel, operated a filling station on the Wichita Falls and Archer City highway in Archer County. In an attempted robbery of his place of business he was shot to death on May 5, 1927. Appellant was identified as the man who did the shooting.

The case presents some rather unusual aspects.