Stapp v. State

GRAVES, Judge.

Appellant was charged with murder with malice, and by the jury convicted and sentenced to serve twelve years in the state penitentiary.

The salient facts are these: Appellant was chief of police of Monahans, Texas, and on September 13, 1937, Saturday night between one and two o’clock, was in a drink and dance hall about two and a half miles northeast of San Angelo, Texas, called the “Windmill.” Appellant had evidenced some boisterousness in the dance hall, and, while drinking, had exhibited his pistol, and announced that he was “a tough guy.” He had offered also to do some fancy…