Jones v. State

OPINION

ONION, Judge.

The offense is murder without malice; the punishment, assessed by the jury, five years.

This appeal is from a conviction in Dawson County after a change of venue from Ward County following a reversal of the first conviction. Jones v. State, 416 S.W.2d 412.

The indictment charges the appellant with the murder of Martha Garcia with malice aforethought “by hitting and striking her with an instrument and weapon, the exact kind and character to the Grand Jury unknown.”

At the very outset appellant challenges the sufficiency of the evidence to sustain the conviction.

The State’s…