Neal v. State

McDonald, judge.

The offense is murder; the punishment, 30 years confinement in the State Penitentiary.

Appellant was jointly indicted with three others, but severance was granted and appellant was tried alone.

Since this is a companion case to that of James Stafford Harris, Harris v. State, Tex.Cr.App., 370 S.W.2d 886, recently affirmed by this court, the facts being substantially the same will only be briefly stated.

A group of 5 young men which included appellant, started an argument with deceased who was walking home on an empty street in the company of a young female companion. A fight…