BANNER v. STATE

No. 24551.

225 S.W.2d 975 (1950)

BANNER v. STATE.

Court of Criminal Appeals of Texas.

January 18, 1950.


Attorney(s) appearing for the Case

R. E. Lee, Mason, for appellant.

Sam Connally, District Attorney, San Saba, George P. Blackburn, State's Atty., of Austin, for the State.


DAVIDSON, Judge.

Murder without malice is the offense; the punishment, five years in the penitentiary.

In view of the questions presented for decision, an extended statement of the facts is not deemed called for.

Appellant was the owner, operator, and cook of a small cafe. His brother was the waiter. Deceased and his wife, deceased's brother and his wife, and a niece and her friend were seated at a table and had ordered food and drink. A dispute arose...

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