Cantrell v. State

MORRISON, Judge.

The offense is murder without malice; the punishment, three years.

Appellant was deputy chief of police of the city of Garrison at the time of the homicide. Deceased had partaken of a certain amount of Christmas cheer but was in nowise disturbing the peace when he was approached by appellant and notified that he was to be taken to jail. When deceased expressed some dissatisfaction at appellant’s decision to incarcerate him, appellant, according to his own testimony, hit deceased over the head three times with his pistol and then fired four times in his direction, two of such…