Archie v. State

OPINION

GREEN, Commissioner.

Appellant was convicted in a trial before a jury of murder without malice. The court assessed punishment at three (3) years’ imprisonment.

The appellant does not challenge the sufficiency of the evidence; therefore, only a brief recitation of the facts will be necessary. On February 28, 1970, the deceased, Louis Respondik, went to the residence of the appellant and his ex-wife, Mary Jo Archie. The appellant and the deceased drank beer and whiskey throughout the day and argued constantly. Both persons were known to have a drinking problem. That evening when the…