Cumpston v. State

DAVIDSON, Judge.

This is a conviction for murder without malice, with punishment assessed at confinement in the penitentiary for two years.

Appellant was a deputy city marshall of the city of Blooming Grove, Texas. The killing, which appellant admitted, grew out of an arrest or an attempted arrest of the deceased and his companion.

The fact issue is whether the killing was in self-defense.

In the light of the .questions presented for review, an extended statement of the facts is not deemed called for.

The offense was alleged to have been committed on March 5, 1949, in Navarro County. Two trials in…