Phoenix v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for murder in the 179th District Court of Harris County, Texas. Punishment was assessed by the court at 20 years.

In his sole ground of error the appellant challenges the trial court’s refusal to instruct the jury on the law of protection of property, V.T.C.A., Penal Code Secs. 9.41 and 9.42.

The appellant urges and the record indicates that the appellant was the sole employee and in charge of running a pool hall on the evening of November 7, 1978. Appellant states that the deceased, also present at the pool hall that night, would not let…