Pierson v. State

DAVIDSON, Judge.

For the murder of Thomas Joseph Vittrup, the appellant has been found guilty and his punishment assessed at death.

The deceased was employed as “special officer” (sometimes referred to as “a bouncer”) at a beer tavern situated near the city of Dallas. Appellant’s wife was a waitress at the tavern.

According to the State’s testimony appellant, on the afternoon of February, 12, 1942, went to the tavern, and, without justification or excuse, killed the deceased by shooting him in the back with a pistol.

The defensive theory, shown chiefly by the testimony of the appellant, was that,…