Libertini v. State

KRUEGER, Judge.

The offense is murder. The punishment assessed is confinement in the state penitentiary for a term of five years.

The record discloses that on the night in question, appellant and Joe Villegas went to a night club located at 117 North Flores Street in the City of San Antonio, where they engaged in playing a game of pool, and each also drank two bottles of beer. From there they started toward home. Just after they had crossed the street appellant became involved in a fight with some soldiers in which he came out second best. It seems that the soldiers knocked him down and then…