Rogers v. State

KRUEGER, Judge.

The appellant was tried and convicted of the offense of murder without malice, and his punishment was assessed at confinement in the state penitentiary for a term of five years.

' The record shows that the appellant was an automobile mechanic and owned and operated a repair shop in the city of San Antonio. Sometime prior to the alleged homicide deceased had taken his car to appellant’s repair shop for repairs. Before the car was completely repaired the deceased asked permission to take the car and go to the Fair Grounds without paying for the repairs, but promised to return the…