When Mullane tried to buy ammunition for the gun, he discovered that it was a.

Mullane and Thad Felton came to the tavern that morning, appellant introduced them to one another, and left them alone in his office so that they could talk.Īccording to his testimony, Mullane then went to Homer King, and purchased from him what King represented to be a.

Soon thereafter the appellant asked Mullane to be sure and come to appellant's tavern on a certain Saturday morning to meet the man to be killed. Later that afternoon, and on several other occasions, appellant again asked Mullane if he was interested, telling him that the man would have the $1000 in his pocket. According to Mullane, appellant said he could not do the job himself because he was too close to the man and he asked Mullane and Wilbert Yates if they wanted to do it. Mullane testified, that while he was in appellant's bar, appellant first approached him about the murder, telling him that he had a friend who wanted to get himself killed and who would pay $1000 to anyone who would do it. The Court's charge required the jury to find that the appellant advised, commanded or encouraged Mullane to kill Felton. Carew not being present at the time of the commission of the aforesaid offense by the said Edward David Mullane, III.' Carew, on or about the second day of March, A.D., 1967, in said County and State, prior to the commission of the aforesaid offense by the said Edward David Mullane, III, in Harris County, Texas, did unlawfully and willfully encourage the said Edward David Mullane, III, to commit the said offense, the said Herbert G. 'Edward David Mullane, III, did with malice aforethought kill Thad Felton by shooting him with a gun and that Herbert G. The indictment, omitting the formal parts alleged: The offense is that of being an accomplice to murder the punishment, ten (10) years. Vollers, State's Atty., Austin, for the State. Girardeau, of Zorn, Girardeau & Pfennig, Bayton, for appellant.Ĭarol S.

Coastal flats thad felton