Spicer v. State

MORROW, Presiding Judge.

— The offense is murder; penalty assessed at confinement in the penitentiary for seven years.

This is the second appeal of this case. See Spicer v. State, 115 Texas Crim. Rep., 110, 28 S. W. (2d) 810.

The facts on the present appeal are not materially different from those on the former appeal. The conflict which resulted in the death of Martin Uptmor was described by Mrs. Spicer substantially as follows: While she was dancing with her husband, he and Uptmor bumped into each other. Uptmor invited the appellant to go outside. Uptmor and Spicer shook hands; then Mrs. Spicer…