Alley v. State

HAWKINS, Judge.

— Appeal is from a conviction for murder, with punishment assessed at fifteen years in the penitentiary.

At the time of the homicide a carnival or rodeo was in progress in Potter County. Appellant and his brother attended on the night of the trouble. The record would indicate that appellant had been using an intoxicant of some character and was somewhat under its influence. Some time in the early part of the night Messrs. Childers and Ivy, with their wives, were at the rodeo grounds and were run into by appellant. The State’s evidence shows that Childers took appellant by the…