Loving v. State

OPINION

BROWN, Commissioner.

This is an appeal from a conviction for murder. Appellant was tried before a jury which assessed his punishment at sixty (60) years in the Texas Department of Corrections.

Although the sufficiency of the evidence is not challenged, a brief summary of the facts will be necessary in order to dispose of appellant’s three grounds of error.

Joseph Fagan testified that he and the deceased, Freddie Melancon, went to the Country Inn during the evening hours of August 22, 1974. Fagan said they drank one or two beers and sat at the bar talking. He said Melancon left the bar for…