Sims v. State

WOODLEY, Judge.

Appellant was convicted for the murder of Olin H. Hemmenway and the jury assessed his punishment at five years in the penitentiary.

Appellant and Hemmenway were employees of an ice plant in Beaumont where the killing occurred.

According to the state’s evidence, the deceased had been fired or laid off by appellant on the day of the homicide, and had gone to the plant to get his belongings; he was shot and killed without justification by appellant, who had been drinking.

Appellant testified that the deceased attacked him with a 2-pound hammer; that he fired in self-defense while the…