Mays v. State

MORRISON, Presiding Judge.

The offense is murder without malice; the punishment, 5 years.

The prior appeal of this case is reported at 167 Tex. Cr. Rep. 339, 320 S.W. 2d 13.

One Faubion testified that he was seated in appellant’s tavern talking to appellant’s wife on the afternoon in question when she instructed the waitress not to serve deceased any more beer, that .appellant’s wife spoke to appellant through a service window, and he entered the barroom and accosted deceased as deceased was walking in the direction of the door. He testified further that at this juncture he turned to again speak…