Franco v. State

KRUEGER, Judge.

The offense is murder. The punishment assessed is confinement in the State penitentiary for a term of five years. ,

This is a second appeal of this case. For the former opinion, see Franco v. State, 132 Texas Cr. R. 164.

Appellant’s main contention upon the present appeal is that the evidence is insufficient to warrant and sustain his conviction of murder with malice aforethought. It appears from the testimony adduced by the State that on the afternoon in question appellant and deceased met at a beer tavern in the town of Rocksprings. In a very short time after the deceased…