Simmons v. State

BEAUCHAMP, Judge.

Appellant was given a sentence of five years in the penitentiary upon a jury verdict finding him guilty of murder.

T. G. Cruse and his wife were in the Gardenia Bar, in San Antonio, drinking beer. He left the table where they were sitting and left the bottle of beer in the custody of his wife. While the deceased was absent from the bar appellant, a stranger to them, came in, picked up the bottle of beer and, over the protest of the wife, took it to the bar and drank it. When the deceased returned to the bar room and learned that appellant had taken his bottle he approached…