Gates v. State

GRAVES, Judge.

The offense is murder; the punishment assessed is confinement in the State penitentiary for a term of twenty-five years.

The record shows that the homicide occurred at a beer tavern in Trinity County, Texas. It appears that the deceased had imbibed rather freely of both whisky and beer. He had *231knocked one person down and when appellant went to quell the disturbance a difficulty arose which resulted in the killing. Appellant admitted the killing but contended that his action was in self-defense as the deceased was cutting him with a knife. This issue was very hotly contested.

Appell…