Hernandez v. State

BROOKS, Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at five years confinement in the penitentiary.

The facts in the case show that deceased was killed by having Ms throat cut from ear to ear with a razor. The State’s theory was that this was an unprovoked killing without excuse or justification, and appellant claims that at the time he cut deceased with a razor deceased had knocked him down twice, and had him clinched by the throat and he drew the razor and slashed him a lick killing him. The killing occurred about two o’clock at night in front of…