Court of Criminal Appeals of Texas February 19, 1964, No. 36515 (Webster v. State)

MORRISON, Judge.

The offense is murder; the punishment, 99 years.

Appellant was tried in the District Court of Erath County upon a change of venue from Wichita County, where he had been previously tried and had received the death penalty. It was shown that on either the day of the homicide or the day preceding, appellant came into possession by loan and purchase of a .22 calibre rifle and a .