SIMS v. STATE

No. 25501.

245 S.W.2d 260 (1951)

SIMS v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied January 23, 1952.


Attorney(s) appearing for the Case

W. J. Baldwin, D. F. Sanders, and J. A. Veillon, all of Beaumont, for appellant.

Ramie H. Griffin, Criminal Dist. Atty., Joe Goodwin, Asst. Crim. Dist. Atty., Beaumont, George P. Blackburn, State's Atty., of Austin, for the State.


WOODLEY, Commissioner.

Appellant was convicted for the murder of Olin H. Hemmenway and the jury assessed his punishment at five years in the penitentiary.

Appellant and Hemmenway were employees of an ice plant in Beaumont where the killing occurred.

According to the State's evidence, the deceased had been fired or laid off by appellant on the day of the homicide, and had gone to the plant to get his belongings; he was shot and killed without justification...

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