Duke v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of murder in the first degree, his punishment being assessed at a life term in the penitentiary. He owned a saloon. The deceased was connected with, either as proprietor or employe, a butcher shop adjoining the saloon. Both establishments used the water closet. Appellant, however, contended that the water closet belonged to or was under his control, which was a disputed fact so far as the butcher shop people were concerned. There is evidence to the effect that the deceased nailed up the water closet, and that appellant caught him in the act of…