Banner v. State

DAVIDSON, Judge.

Murder without malice is the offense; the punishment, five years in the penitentiary.

In view of the questions presented for decision, an extended statement of facts is not deemed called for.

Appellant was the owner, and cook of a small cafe. His brother was the waiter. Deceased and his wife, deceased’s brother and his wife, and a niece and her friend were seated at a table and had ordered food and drink. A dispute arose between deceased and the waiter as to the food and service. According to the state’s testimony, the waiter began the difficulty, in which the appellant joined,…