UPSHAW v. STATE

No. 26631.

264 S.W.2d 434 (1953)

UPSHAW v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied February 10, 1954.


Attorney(s) appearing for the Case

Louis C. Davis, Houston, for appellant.

William H. Scott, Dist. Atty., King C. Haynie, Asst. Dist. Atty., Houston, Wesley Dice, State's Atty., of Austin, for the State.


WOODLEY, Judge.

The conviction is for murder; the punishment 50 years in the penitentiary.

The deceased, John Willis, was cut with a knife during a dice game at his home, and died before he reached the hospital.

According to all of the testimony, appellant, during the game, complained that the dice were crooked. The deceased invited him, if he had any doubt about the dice, to break them with a hammer he had in the kitchen.

According to the...

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