Vasquez v. State

OPINION

DICE, Judge.

The conviction is for murder without malice (Art. 802c, Vernon’s Ann.P.C.); the punishment, five years.

In his brief filed in the trial court, appellant challenges the sufficiency of the evidence to support the conviction.

The state’s evidence shows that on the day in question the appellant came to Waco from Dallas with two companions, Samuel Shelton and Herman Johnson. The three were traveling in a 1959 red-and-white Oldsmobile which Shelton had stolen in Dallas. Enroute to Waco they drank some beer and a half-gallon of wine which Shelton purchased on the way. After arriving…