Holland v. State

LATTIMORE, Judge.

Conviction for murder; punishment, four years in the penitentiary.

This is the second appeal; the former opinion being in 118 Texas Crim. Rep., 439.

Deceased and his son were in the hamburger stand of appellant. Both were drinking; the son apparently being quite drunk. *350Said son vomited on the floor. Appellant took him outside. The manner of ejection was told by conflicting witnesses. Deceased also went out of the house. According to several witnesses he cursed appellant and used a vile epithet concerning him. What then occurred is also stated differently by witnesses for the…