Tapley v. State

GRAVES, Presiding Judge.

Appellant was charged with murder with malice, and on his trial he was awarded a penalty of 99 years in the state penitentiary.

The facts arose from the actions of people who were all drinking beer at the time. The deceased, his wife, and. two friends, who had been working on the telephone system in the town of Pearsall, in the afternoon about 5 o’clock, entered a drive-in cafe owned by the appellant and ordered a bottle of beer apiece. Appellant was in the place at that time and was drinking with some of his friends. He had been drinking rather heavily throughout the…