Martin v. State

CHRISTIAN, Judge.

— The offense is murder; the punishment confinement in the penitentiary for five years.

Appellant owed deceased, A. W. Lyons, a sum of money. Appellant had given deceased an order for the money. The order had not been honored. Witnesses for appellant testified that deceased had said that if appellant didn’t pay him “he was going to beat him up until his wife wouldn’t know him.” Appellant testified that this threat had been communicated to him. According to state’s witnesses, appellant and deceased met on a street in the city of Abilene just prior to the difficulty. They shook…