CUMPSTON v. STATE

No. 24862.

235 S.W.2d 446 (1950)

CUMPSTON v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied January 17, 1951.


Attorney(s) appearing for the Case

Tyson, Dawson & Dawson, and Doyle Pevehouse, all of Corsicana, for appellant.

Charles T. Banister, County Attorney, Corsicana, Stuart B. Lumpkins, County Attorney, Waxahachie, William Justice, Special prosecutor, Athens, and George P. Blackburn, State's Atty., of Austin, for the State.


DAVIDSON, Commissioner.

This is a conviction for murder without malice, with punishment assessed at confinement in the penitentiary for two years.

Appellant was a deputy city marshall of the City of Blooming Grove, Texas. The killing, which appellant admitted, grew out of an arrest or an attempted arrest of the deceased and his companion.

The fact issue is whether the killing was in self-defense.

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