Gomez v. State

KRUEGER, Judge.

The offense is murder. The punishment assessed is confinement in the State penitentiary for a period of seven years.

The State’s theory was that the killing was a deliberate murder with malice aforethought, while that of the appellant was self-defense.

*170The State’s evidence, briefly stated, shows that on the afternoon "of December 24, 1940, the deceased and appellant were in Tino Perez’s beer tavern at which time the deceased threw a beer bottle at appellant but it missed him, struck the cash register and broke. Perez and others who were present interceded and prevented any…