Roberts v. State

GRAVES, Judge.

Appellant was convicted of murder without malice, and sentenced to serve five years in the State penitentiary. He appeals.

The evidence shows that appellant was employed as a cook in a coffee shop in Stamford, in Jones County, and that he and the deceased, Alvin Marsh, were friends. On the day of the homicide deceased came to the place where appellant was employed, and they passed a few friendly remarks. Shortly, however, an argument arose between them, with considerable cursing. Appellant, who was “boning” a ham, had a knife in his hand, and, as the cursing proceeded, he finally…