
    Ex parte KUHLMAN.
    (Court of Criminal Appeals of Texas.
    June 7, 1911.
    Rehearing Denied June 21, 1911.)
    Habeas Cokpus (§ 25) — 'When Allowed.
    One accused of murder was properly denied a writ of habeas corpus, where it appeared that he aided his codefendant in procuring the gun with which the latter killed decedent at the place where both defendants sought him.
    [Ed. Note. — For other cases, see Habeas Corpus, Cent. Dig. §§ 21, 28, 30; Dec. Dig. § 25.]
    
      Appeal from Criminal District Court, Harris County; C. W. Robinson, Judge.
    Habeas corpus proceeding on relation of John Kuhlman. From a judgment dismissing the writ, relator appeals.
    Affirmed.
    Green & Boyd and Woods, Grabara & Harris, for appellant.
    John E. Green, Asst. Dist. Atty., and C. E. Lane, Asst. Atty. Gen., for tbe State.
    
      
      For other oases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep’r Indexes
    
   HARPER, J.

Applicant was indicted, charged with murder, in connection with Frank Kinney. He sued out a writ of ha-beas corpus before the judge of the criminal district court of Harris county. He was remanded to the custody of the sheriff.

The testimony for the state shows that on the night of the killing, about 9:30 o’clock, applicant entered a saloon and asked the witness for a shotgun, remarking he had a friend “who wanted to kill a God damn son of a bitch.” When asked who was his friend, he called Frank Kinney. Kinney said “deceased jumped on him and abused him, and damned if he was going to stand for it.” They left, and Frank Kinney telephoned a friend that he wanted to borrow a shotgun to go hunting. Applicant and Kinney went together to get the shotgun. They then boarded a car and went back up near the scene of the killing, and Kinney stepped into the place where deceased was working and shot and killed him; the killing occurring about 11 o’clock.

The judgment of the criminal district court of Harris county is affirmed.  