Holmes v. State

KRUEGER, Judge.

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

The testimony adduced by the State shows that on Saturday night of September 16, 1939, the appellant, accompanied by his common-law wife and Leon Pease, came into that part of Spillers’ Cafe set apart for negroes in which James Johnson, Elvira Prim and the deceased, Johnnie Johnson, were sitting at the counter eating and drinking soda water. Appellant approached the deceased with the remark: “I have been looking for you all night and I am going to kill you. * * *…