Cruse v. State

LATTIMORE, Judge.

—Conviction for murder; punishment, ten years in the penitentiary.

Appellant shot and killed a man named Sharp in Houston, Texas, about midnight on September 3, 1932. On this trial he claimed that he shot in self-defense against a hip-pocket movement on the part of Sharp. No pistol or weapon of any kind was found around the body of Sharp, or on his person after he was shot.

The state relied chiefly on the testimony of Jack Woods, who swore that he was present and saw the shooting, and that deceased made no hip-pocket movement within the knowledge of witness; that no one was in…