Johnson v. State

BELCHER, Judge.

The conviction is for murder without malice; the punishment five years in the penitentiary.

The state’s testimony shows that shortly before the killing, loud talk and cursing was heard at the back of appellant’s house; that appellant, while standing in the back door, was heard several times trying to get the deceased to take something back, but the deceased was heard to say “he wouldn’t” and was telling the appellant that appellant was wrong, and then deceased walked away; that appellant stepped out the back door with a .12 gauge shotgun, aimed it at the deceased who was a short…