Lusk v. State

KRUEGER, Judge.

Appellant was convicted of the offense of murder without malice, and his punishment was assessed at confinement in the state penitentiary for a term of two years.

The testimony adduced by the State shows that on the afternoon of the 19th day of October, A. D. 1935, the appellant and deceased engaged in playing a game of pool; that a controversy arose between them over the game which led to some uncomplimentary remarks being passed between them over the game and precipitatd a fight in which appellant struck deceased with a billiard cue, knocked him down, then got on top of him…