Spencer v. State

KRUEGER, Judge.

The appellant was convicted of the offense of murder, and his punishment was assessed at confinement in the state penitentiary for. a term of 25 years.

Appellant contends that his conviction is not justified by the testimony. The record shows that while the appellant, the deceased, and a number of other negroes were returning from a ball game in a truck, they passed a kinsman of the appellant, about whom the deceased made an uncomplimentary remark, which offended the appellant. This precipitated a heated argument in which the deceased threatened to push appellant from the truck,…