Walton v. State

398 S.W.2d 555 (1966)

Leport WALTON, Appellant,

v.

The STATE of Texas, Appellee.

No. 39174.

Court of Criminal Appeals of Texas.

January 5, 1966.

Rehearing Denied February 9, 1966.

Saunders & Caldwell by J. Byron Saunders, Tyler, for appellant.

W. E. Coats, Jr., Dist. Atty., Tyler, and Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Judge.

The offense is murder; the punishment, 50 years.

The homicide occurred after midnight on New Year's Eve at the Palomino Club. Appellant was the owner, and the deceased was a patron.

The State's witnesses testified that an altercation arose between the…