Hamilton v. State

KRUEGER, Judge.

The offense is murder; the punishment assessed is confinement in the state penitentiary for a term of 40 years.

The record discloses that the homicide occurred in the town of Rosebud on the night of January 16, 1939. The deceased, who was a small negro woman, owned and conducted a restaurant and beer tavern and had appellant employed to assist her. She and appellant lived in the back end of the tavern. About midnight or a little later on the night in question, a neighbor who lived about 75 yards from the tavern, heard someone crying and recognized the voice as that of appellant.…