Lerma v. State

BEAUCHAMP, Judge.

The appeal is from a penitentiary sentence of five years for murder.

There is no material conflict as to the facts, which show that *361appellant and deceased, together with other Mexicans, were drinking in a beer tavern in Llano County on the evening of February 3, 1946. Appellant, for some unexplained reason, became angry at the deceased and told him he was not going home with any “cabrón.” The deceased walked to the counter, purchased some cheese and crackers, and then asked appellant to not curse him any more. At this appellant stabbed deceased in the abdomen with a knife, and…