Gonzalez v. State

DICE, Judge.

*65The conviction is for murder without malice; the punishment, 5 years.

The undisputed evidence shows that the appellant killed the deceased by shooting him with a gun. The homicide occurred at a place known as “Chapa’s Place,” in the town of Palito Blanco in Jim Wells County, following an argument between the two at a crap game.

According to the state’s testimony, the argument arose over a point in the game. During the argument the appellant’s brother hit the deceased in the back of the head with a beer bottle. After the deceased and a companion had pursued the brother outside in the…