Wagley v. State

MORROW, Judge.

In the indictment appellant is charged with killing Lee Crowdus by striking him with a hammer. The State’s theory and testimony is to the effect that appellant, while intoxicated, entered the place of business of deceased, and that when appellant started up the stairway deceased asked him his purpose. Appellant replied with an insulting epithet, and picked up a hammer, and walked to the front door. Deceased followed him, and appellant struck him with the hammer, and after he fell, stamped him in the face with his foot. The blow with the hammer resulted in the death of the…