Hughes v. State

WOODLEY, Presiding Judge.

The offense is murder; the punishment, 30 years.

The undisputed evidence, including the testimony of appellant, shows that at about 11 o’clock P.M. on August 3, 1961, just outside Katy’s Lunchroom, where lunches and beer were sold and pool games were played, appellant shot and killed the deceased.

The state’s evidence was that appellant, who was carrying a pistol, cursed a cousin of the deceased and the manager told appellant to leave. As he was leaving he “bumped into” the deceased, who was shooting pool; that the deceased asked the appellant, “Why did you bump into…