
    SMITH v. STATE.
    (No. 11526.)
    Court of Criminal Appeals of Texas.
    March 14, 1928.
    1. Homicide <§=>250 — Evidence held to support conviction for murder.
    In prosecution for murder, evidence showing that defendant, after being arrested by sheriff and deputy sheriff, killed both officers as he was being taken to town, held sufficient to support conviction.
    2. Criminal law <§=>1086(14), 1090(1) — Only sufficiency of evidence is reviewable on appeal from conviction, in absence from record of bills of exception, or exceptions to court’s charge.
    Where, on appeal from conviction for murder, there were no exceptions to court’s charge, and no bill of exceptions appeared in record, only question for determination was sufficiency of evidence.
    Commissioners’ Decision.
    Appeal from District Court, Jones County; W. R. Chapman, Judge.
    Bill Smith, alias Roy Miller, alias Joyce Sheppard, was convicted of murder, and he appeals.
    Affirmed.
    Roy Formway, of Roby, and Brandon Shap-ard, of Anson, for appellant.
    A. A. Dawson, State’s Atty., of Austin, for the State.
   CHRISTIAN, J.

The offense is murder; the punishment, death. This case was tried in Jones county on a change of venue from Fisher county.

Appellant had been arrested by Bob Smith, sheriff of Fisher county, and Jake Owens, deputy sheriff of said county. After the arrest, they were proceeding in an automobile to town. The sheriff was driving the car, and Lloyd Conatser, who had been in appellant’s home at the time the arrest was effected, was riding on the front seat with the sheriff. Appellant was on the left-hand side on the rear seat, and on the same seat with him on his right was Jake Owens, the deputy sheriff. The state’s testimony shows that while the parties were driving along the road appellant shot the sheriff in the back with a pistol. Whereupon a scuffle ensued between appellant, Conatser, and Owens. Dtfring the scuffle two shots were fired,. After these shots were fired, Owens got out of the car and started around in front of the car. Appellant got out behind him and shot him in the back. The sheriff and deputy were almost instantly killed. After the shooting, Conatser and appellant returned to appellant’s home, secured appellant’s car, and with their wives fled. Appellant was arrested in Kentucky and returned to Texas. The present conviction was for the murder of Jake Owens.

Appellant contended that when he killed Owens he believed his life was in danger.

There were no exceptions to the court’s charge, and no bills of exception appear in the record. The only question for the determination of this court is the sufficiency of the evidence. The evidence is amply sufficient to support the verdict and the judgment rendered thereon.

The judgment is affirmed.

PER CURIAM. The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by. the court. 
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