SIMMONS v. STATE

No. 24753.

229 S.W.2d 370 (1950)

SIMMONS v. STATE.

Court of Criminal Appeals of Texas.

May 3, 1950.


Attorney(s) appearing for the Case

W. J. Baldwin, Beaumont, for appellant.

Jep S. Fuller, Criminal Dist. Atty., Beaumont, Ramie H. Griffin, Asst. Criminal Dist. Atty., Beaumont, George P. Blackburn, State's Atty., of Austin, for the State.


GRAVES, Judge.

Appellant was convicted of murder and given a sentence of ten years in the penitentiary, and he appeals.

According to the State's testimony, in the early morning hours of August 24, 1949, appellant, as well as many other Negroes, was located in a Negro dive in Port Arthur, where drinking and gambling were indulged in and had been in progress during practically the entire night. About 5 o'clock in the morning, Tom Garland, Jr., the deceased,...

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