PAYTON v. STATE

No. 38713.

396 S.W.2d 120 (1965)

Melvin Alexander PAYTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 24, 1965.


Attorney(s) appearing for the Case

Rex Emerson (Court appointed on appeal), Francis Williams, Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally, Allen L. Stilley and Gus J. Zgourides, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Judge.

The offense is murder; the punishment, death.

The proprietor of Carroll's Cafe testified that appellant, the man who was later killed (hereinafter referred to as the deceased) and another man were engaged in a game of pool at his cafe on the night in question and that at the conclusion of the game, which he had won, the deceased put his pool stick on a table together with his hat and announced that he was going to the "bathroom". Carroll testified...

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