Davis v. State

OPINION

DOUGLAS, Judge.

The offense is murder; the punishment five years.

The record reflects that appellant, Johnny Wayne Davis, killed Randall Ernest Mull with a rifle. Davis was angry because Mull owed him a gambling debt arising out of a pool game. After Mull left the pool hall, Jimmy Hoge, James Richards, Donald Richards and Davis decided to find and fight Mull. They took along a 30-30 caliber deer rifle for Davis to hold on Mull during the fight. They located Mull in a Toddle House cafe and waited for him, and when Mull went outside Davis shot and killed him .

Appellant contends that the…