Banks v. State

HAWKINS, Judge.

Conviction is for the murder of Frank Diminick, punishment having been assessed at 99 years in the penitentiary.

Both appellant and deceased were working for the Texas Creosoting Plant. Appellant was passing lumber to deceased, who was stacking it. It appears from the evidence that appellant was rather rough in passing the lumber and deceased cautioned him about' it, telling him to be careful or he would hurt deceased. Some of the witnesses say that deceased said to appellant, “You act like you are crazy; if you hurt me with that lumber I will learn you some sense.” Some…