Spivey v. State

BEAUCHAMP, Judge.

The appeal is from a sentence of ten years on a charge of murder. The offense is alleged to have been committed in Gregg County on the 6th day of June, 1942, by hitting John Askew with his fist and kicking him with his boots.

The evidence shows that on that date the parties met in a domino hall and engaged in a game, in which it is intimated that.the winner had some financial advantage, not definitely explained. They were strangers. No one testifies to any difficulty between the parties while in the game or at the close of it, until they had left the room and were standing in…