Bellah v. State

OPINION

MORRISON, Judge.

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

We will first pass upon appellant’s ground of error that the evidence is not sufficient to support the conviction. The State’s witness testified that appellant fired a shot into the wall of a tavern and then, while his brother was attempting to take the pistol away from him, fired another shot into the deceased, the proprietor of the tavern, who was making no overt gesture toward the appellant.

Appellant and his witnesses testified that he fired the first shot toward the ceiling in order to frighten the…