Lakes v. State

Jordan, Justice.

Wayne T. Lakes was convicted for the murder of Larry Cato and sentenced to life imprisonment. His motion for new trial was overruled and this appeal follows.

The state’s evidence shows that the appellant was engaged in a dice game when the victim approached and they became engaged in a scuffle. The appellant drew his pistol during the engagement, the pistol was discharged four times, two of the bullets striking the victim causing his death. Eyewitnesses differed as to exactly who started the scuffle. There had been previous difficulty between the two. We conclude that the…