Bates v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

MORRISON, Presiding Judge.

Our prior opinion is withdrawn, and the following substituted in lieu thereof.

The offense is murder without malice; the punishment, five years.

Notice of appeal was given prior to January 1, 1966.

The State’s witness Jennings testified that on the day in question he participated with appellant and deceased in consuming several bottles of gin, and that later in the evening, following an argument over fifty cents, appellant shot deceased. At the conclusion of the shooting, appellant backed out of the establishment saying, “Don’t…