Mounts v. State

DAVIDSON, Judge.

Murder is the offense; the punishment, ten years in the penitentiary.

The deceased, Jack Lummus, a policeman; appellant, a commissioned Texas Ranger, employed as a special officer of a railroad company; and Richardson, a nightwatchman, by chance and without previous arrangement, happened to meet in a small cafe operated by McDonald about ten o’clock the night of May 13, 1944. Each party carried on his person a pistol. Appellant took exception to a remark of Richardson which Richardson said he made as a jest and in fun. Richardson apologized. The deceased, speaking to appellant,…