McCARTY v. STATE

No. 30246.

319 S.W.2d 338 (1959)

Clifford Allen McCARTY, Appellant, v. STATE of Texas, Appellee

Court of Criminal Appeals of Texas.

January 7, 1959.


Attorney(s) appearing for the Case

No attorney on appeal for appellant.

Howard M. Fender, Dist. Atty., John E. McLean and Albert F. Fick, Jr., Asst. Dist. Attys., Fort Worth, and Leon B. Douglas, State's Atty., Austin, for the State.


DICE, Commissioner.

The conviction is for murder with malice; the punishment, life imprisonment.

The State's testimony shows that on the night of the homicide the deceased was playing in a band at a night club on the Jacksboro highway near the City of Fort Worth. At the conclusion of the dancing around midnight, the deceased and Jack McCarty, a brother of the appellant, engaged in a fist fight on the dance floor. Witnesses called by the State testified that...

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