GRAY v. STATE

No. 37263.

388 S.W.2d 710 (1964)

George Emerson (Red) GRAY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 21, 1965.


Attorney(s) appearing for the Case

Arthur L. Lapham, Victoria, Percy Foreman, Houston (On Appeal Only), King C. Haynie, Houston (On Appeal Only), for appellant.

Wiley L. Cheatham, Dist. Atty., Cuero, Leon B. Douglas, State's Atty., Austin, for the State.


BELCHER, Commissioner.

The conviction is for murder without malice; the punishment, five years.

The evidence of the state reveals that a football game, played in the afternoon, was viewed on television by several persons in a motel room. When all had gone except the appellant, the witness Broadwater, and the deceased, the appellant and Broadwater were trying to get the deceased, who was drunk, to leave, but the deceased had begun insisting on scuffling with...

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