DAVIDSON, Commissioner.
The offense is murder with malice, with punishment assessed at fifty years' confinement in the penitentiary.
About 6 o'clock the evening of August 19, 1951, appellant, Zaragosa Sanchez, and Abelardo Martines were seated at a table in a cafe. The deceased, Miguel Gonzales, was also in the cafe and was included in appellant's offer to "set up the beer to everybody." Deceased refused the invitation, and this appeared to irritate the appellant...
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