Harvey v. State

BEAUCHAMP, Judge.

*333The appeal is from a sentence of fifty years in the penitentiary on a charge of murder.

The appellant was a bar tender in the Shady Grove beer parlor situated in the outskirts of the City of Cuero. The offense is alleged to have been committed on Sunday night May 5th, 1946, and it appears that a number of patrons were in the bar room where sandwiches and beer were being served. From the scrambled testimony of the few witnesses who were able to testify that they heard a pistol shot above the noise of the nickeldeon, the crashing of glass, the throwing of beer bottles, and the…