Martin v. State

KRUEGER, Judge.

Appellant was convicted of the offense of murder, and his punishment assessed at confinement in the state penitentiary for a term of five years.

The killing occurred at a Negro cafe in the town of Plainview about 2 or 2:30 p. m. on the 11th day of November, 1948. Robert Dawson, who was employed at said cafe, testified that he was in the kitchen resting on the refrigerator; that the deceased was stacking soda water cases under the counter when appellant entered; that appellant came back of the counter where the deceased was engaged and without a word being spoken by either party,…